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SUVIR SEHGAL
Rajesh Kumar – Appellant
Versus
Kailash Chand – Respondent
JUDGMENT :
Suvir Sehgal, J.
Instant revision petition has been filed by the accused-petitioner impugning order dated 27.02.2020, Annexure P1, passed by learned Judicial Magistrate, Narnaul, whereby application filed by him for examination of a handwriting and fingerprint expert as a witness and for taking the specimen signature of the accused for comparison, has been rejected by the Trial Court.
2. Factual position is not in dispute. A complaint dated 21.01.2013, Annexure P7, has been instituted by the complainant-respondent under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "NI Act") alleging that he is running Munim Milk Diary, Dolhera and after collecting milk from adjacent villages, he used to supply it to the petitioner, who had installed a Chilling Plant. Petitioner was irregular in making payment and issued a cheque of Rs.8 lacs on 10.11.2012 drawn on HDFC Bank, Meham Chowk, Bhiwani for towards payment of the balance amount due. However, on presentation, the cheque was returned with the remark "insufficient funds". After preliminary evidence, petitioner was summoned and served with a notice of accusation. He pleaded innocence and claimed trial. On conclusion
Accused must prove that a signed cheque was not issued in discharge of a debt, as merely admitting the signature imposes the burden of proof under Section 139 of the NI Act.
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 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.
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 central legal point established in the judgment is the accused's right to a fair trial, entitlement to lead evidence to prove innocence, and the provisions of Section 243 of the Code of Criminal ....
An accused has the right to present evidence to challenge the validity of a cheque, particularly when allegations of misuse are made.
Section 139 of Negotiable Instruments Act raises presumption that a drawer of handing over a cheque signed by him is liable unless it is proved that cheque was not in discharge of debt or any other l....
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