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SANJIV BERRY
Rajiv Kumar Gupta – Appellant
Versus
Sonu Kadyan – Respondent
Judgment
Mr. Sanjiv Berry, J.
The instant petition has been preferred by the petitioner under Section 482 of the Code of Criminal Procedure for seeking quashing of complaint No.199 of 2018, dated 17.09.2018, titled as “Sonu Kadyan Vs. Rajiv Kumar Gupta” (Annexure P-1) whereby petitioner has been summoned for commission of offence punishable under Section 138 of the Negotiable Instruments Act, vide order dated 05.12.2018 (Annexure P-2), passed by learned Additional Civil Judge (Sr. Division)-cum-Sub Divisional Magistrate, Samalkha, and all subsequent proceedings arising therefrom.
2. In nutshell, the brief facts of the case are that a complaint under Section 138 of the Negotiable Instrument Act (hereinafter referred to as the ‘N.I. Act’ in short) has been filed before learned Additional Civil Judge (Sr. Division)-cum-Sub Divisional Magistrate, Samalkha, stating that petitioner and the complainant were known to each other. Petitioner was working as Asst. Engineer, (Broadcasting) at New Broad casting House, Parliament Street, New Delhi. Petitioner had disclosed that he had good relations with higher officers in Radio Station and permanent posts of clerks are lying vacant there, if the co
A cheque issued for repayment of money, even if initially related to an employment agreement, can constitute a legally enforceable liability under Section 138 of the Negotiable Instruments Act.
The legal presumption under Section 139 of the NI Act favors the complainant, and factual disputes must be resolved at trial, not pre-trial.
(1) Dishonour of cheque – A person might have been jointly liable to pay debt, but if such a person who might have been liable to pay debt jointly, cannot be prosecuted unless bank account is jointly....
The complainant must prove that the cheque was issued for a legally enforceable debt or other liability to establish an offense under Section 138 of the Negotiable Instrument Act.
Point of Law : Hon’ble Supreme Court observed that, Section 139 of N.I. Act, includes a presumption that there exists a legally enforceable debt or liability, which is a rebuttal one.
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