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AMAN CHAUDHARY
Anjandeep Singh – Appellant
Versus
Harpreet Singh – Respondent
| Table of Content |
|---|
| 1. petition filed to set aside dismissal. (Para 1 , 2) |
| 2. arguments regarding cheque alteration. (Para 3 , 4) |
| 3. court’s interpretation of liability under negotiable instruments. (Para 6 , 7) |
| 4. power under section 311 cr.p.c. must be exercised cautiously. (Para 8 , 9 , 10) |
| 5. petition dismissed for lack of merit. (Para 11) |
JUDGMENT :
Aman Chaudhary, J.
The present petition has been filed under Section 482 Cr.P.C. for setting aside the order dated 05.04.2018 passed by learned Sessions Judge, Ludhiana, dismissing the revision petition filed against the order dated 28.10.2017, vide which the learned Judicial Magistrate, 1st Class, Ludhiana, dismissed application filed by the petitioner for appointment of handwriting expert.
2. Brief facts that emerge from the complaint are that the petitioner approached the respondent for taking financial assistance and received Rs.2,50,000/- on 16.04.2013 with an assurance to return the same within a period of four months. In order to discharge part of his legal liability, he issued a cheque for Rs.2,00,000/-, which on presentation got dishonored bearing remarks "funds insufficient." After serving notice upon the accused, the complaint in
The main legal point established in the judgment is the presumption of liability of the drawer of the cheques under Section 138 and 139 of the Negotiable Instruments Act, and the obligation on the ac....
The accused has the right to rebut the presumption of a legally enforceable debt and must be granted an opportunity to adduce evidence in rebuttal, including the examination of a handwriting expert.
Accused must be allowed to present expert evidence when claiming misuse of a cheque to ensure a fair trial.
An accused has the right to present evidence to challenge the validity of a cheque, particularly when allegations of misuse are made.
The liability of the drawer of a cheque and the presumption in favor of the holder under Section 139 of the Negotiable Instruments Act.
The defense of the accused regarding the misuse of the cheque and the absence of liability are matters of evidence to be proved by the accused.
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