MANJARI NEHRU KAUL
Lachman Dass Rajinder Kumar (M/s) – Appellant
Versus
Gurdeep Singh – Respondent
Judgment
Mrs. Manjari Nehru Kaul, J. :-
CRM No.1899 of 2019
Prayer in this application is for condonation of delay of 205 days in filing the appeal.
For the reasons mentioned in the application, which is duly supported the affidavit of the applicant-appellant, the same is allowed.
Delay of 205 days in filing the appeal stands condoned.
CRM-A No.273 of 2019
1. The appellant-complainant (hereinafter referred to as ‘complainant’) is impugning the judgment dated 05.02.2018 passed by the learned Chief Judicial Magistrate, Mansa, whereby the respondent-accused (hereinafter referred to as ‘accused’) has been acquitted of the charges framed against him in a criminal complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’).
2. As per the allegations leveled in the complaint, the accused took a friendly loan from the complainant in the sum of Rs.5 lakh through cheque on 30.11.2013, to get his land redeemed and thereafter, again on 13.05.2014, the accused borrowed another sum of Rs.1,80,000/- from the complainant for purchasing a tractor. In discharge of his liability, the accused issued a cheque bearing No.450893 drawn on HDFC Bank, Water W
The presumption of liability under the Negotiable Instruments Act can be rebutted by the accused through credible evidence, which was lacking in this case.
Court reaffirmed that in cheque dishonor cases, the appellant must prove the cheque's issuance arises from a legitimate debt obligation, especially when prior agreements exist contradicting claimed t....
The burden of proof lies on the complainant to establish the issuance of the cheque in discharge of a legal debt, and the presumption can be rebutted by producing evidence to the contrary.
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