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JASGURPREET SINGH PURI
Jagbir – Appellant
Versus
District Primary Co-op Agri. And Ruraldevelopment Bank Ltd. – Respondent
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral) - The present revision petition has been filed assailing the orders passed by the learned Judicial Magistrate Ist Class, Karnal dated 08/10.08.2017 and also orders passed by the learned Additional Sessions Judge, Karnal dated 01.04.2022 whereby the appeal filed by the petitioner was dismissed.
2. The subject matter of the present complaint is under Section 138 of the Negotiable Instruments Act, 1881. Respondent No.1 filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner and one another person namely Suresh. However, the aforesaid Suresh was not summoned and the proceedings commenced only against the present petitioner namely Jagbir.
3. The facts from which the present complaint was filed were that the petitioner had taken two loans from respondent No.1-bank for a sum of Rs. 5,45,000/- and Rs. 55,000/-. The loan of Rs. 5,45,000/- was taken for the purpose of purchase of tractor and loan of Rs. 55,000/- was taken under the Land Reclamation Scheme. Thereafter, the petitioner did not maintain his loan accounts regularly and committed breach of terms and conditions of loan/security documents and, therefo
The main legal point established is the enforceability of a security cheque and the burden on the accused to rebut the statutory presumption in favor of the complainant under Section 138 and 142 of t....
The burden of proof on the accused to disprove the existence of any legally recoverable debt or liability under the Negotiable Instruments Act.
The main legal point established in the judgment is the presumption of liability of the drawer of the cheques under Section 138 of the Negotiable Instruments Act, 1881, and the burden of proof on the....
Presumptions under the Negotiable Instruments Act imply that once cheque issuance is admitted, it is presumed to discharge a legally enforceable debt, placing the burden on the accused to provide evi....
The presumption under Section 139 of the Negotiable Instruments Act requires the accused to rebut the existence of a legally enforceable liability for the cheque issued.
Once execution of a cheque is admitted, the presumption under Section 139 of the Negotiable Instruments Act arises, and the burden shifts to the accused to rebut the existence of a legally enforceabl....
The presumption of a cheque being issued in discharge of a legally enforceable debt under Section 139 N.I.A. and the significance of a security cheque in commercial transactions were central to the c....
A legally enforceable debt is essential for liability under Section 138 of the Negotiable Instruments Act; cancellation of the underlying contract negates such liability.
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