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2023 Supreme(P&H) 1548

JASJIT SINGH BEDI
Orient Chem Ganga Sadan (M/s) – Appellant
Versus
Namo Forging P. Ltd. (M/s) – Respondent


Advocates appeared:
For the Parties : Mr. M.K. Sood

Table of Content
1. factual background and details of the case. (Para 1 , 2)
2. court's analysis on presumption of debt and evidential burden. (Para 7 , 15)
3. arguments regarding presumption under the negotiable instruments act. (Para 8 , 10)
4. analysis of statutory presumptions and evidential burdens. (Para 11 , 12 , 14)
5. final conclusion dismissing the appeal. (Para 18)

Judgment

Mr. Jasjit Singh Bedi, J.

The applicant/appellant has filed the present application for grant of leave to appeal against the judgment of acquittal dated 20.12.2018 passed by Judicial Magistrate Ist Class, Faridabad whereby the accused-respondents have been acquitted of the charges under Section 138 of the Negotiable Instruments Act, 1881.

2. The brief facts of the case are that the instant complaint came to be filed by the complainant firm/applicant-appellant (hereinafter known as ‘the complainant’) through its proprietor Mr. Prabhu Dayal Thiran stating therein that the complainant was a firm dealing in various retail lubricants. The accused-respondents (hereinafter known as ‘the accused’) had purchased material from the complainant for which the complainant had a credit account of the accused firm in their

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