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AVNEESH JHINGAN
Mansa Central Co-operative Bank Ltd. – Appellant
Versus
Lachhman Singh – Respondent
AVNEESH JHINGAN, J.
1. This application filed by the Mansa Central Cooperative Bank Ltd. (for short, 'the Bank') for grant of leave to appeal against the judgment of acquittal is accompanied by an application for condoning the delay of 23 days in filing thereof.
2. The dispute in the present case is relating to dishonouring of cheque of Rs.1,69,000/- for clearing the balance loan of Rs.60,000/-.
3. The brief facts are that the accused (respondent herein) availed housing loan of Rs.2,00,000/- on 24.11.2012. The loan was to be repaid in monthly installments. A cheque bearing NO. 355201 dated 12.9.2016 amounting to Rs.1,69,000/- was given by the respondent for clearing the loan . On presentation, the cheque was dishonoured vide memo dated 12.9.2016 with remarks “insufficient funds”. A complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') was filed. Happy, the authorised representative of the Bank tendered his affidavit to support the complaint.
4. The accused in statement under Section 313 Cr.P.C. stated that the bank had obtained thumb impression on the blank cheque. The cheque book was with the bank. No notice was served upon him.
5. It was concluded
The judgment emphasizes the importance of proving the elements of an offence under Section 138 of the Negotiable Instruments Act and highlights the limited scope for interference in an appeal against....
The main legal point established is that for an offence under Section 138 of the Negotiable Instruments Act, it is essential to establish that the cheque was issued for discharge of debt or other lia....
The burden of proof shifts to the complainant once the presumption under Section 139 of the NI Act is rebutted by the accused.
The presumption of issuance for repayment under Section 139 of the N.I. Act can be rebutted by the accused with sufficient evidence.
The burden of proof, legal presumptions, and the accused's admission of debt in the issuance of the cheque are crucial in determining liability under the Negotiable Instrument Act.
The central legal point established in the judgment is that a complaint under Section 138 of the Negotiable Instruments Act is not maintainable if filed before the expiry of the prescribed 15-day per....
The rebuttable presumption under Section 139 of the Negotiable Instruments Act and the burden of proof on the complainant to establish the issuance of the cheque for the discharge of debt.
A complaint under Section 138 of the N.I. Act is invalid if filed before the 15-day period from the receipt of the notice has expired.
The main legal point established in the judgment is the presumption under Section 139 of the NI Act, the burden of proof on the accused to rebut the presumption, and the requirement for the accused t....
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