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AMAN CHAUDHARY
Davinder Singh – Appellant
Versus
Ajay Kamboj – Respondent
| Table of Content |
|---|
| 1. summary of factual background and case initiation. (Para 1 , 2 , 3 , 4 , 5) |
| 2. applicant's contention regarding the validity of the cheque. (Para 6) |
| 3. observations on burden of proof and legal liabilities. (Para 7 , 9 , 10) |
| 4. legal standards applicable to appeals against acquittal. (Para 8 , 11 , 12) |
| 5. conclusion on the rejection of the appeal. (Para 13) |
JUDGMENT
Aman Chaudhary, J.
The present application for leave to appeal has been preferred against the judgment dated 20.11.2018, whereby the respondent was acquitted of the charges leveled under section 138 of the Negotiable Instruments Act (for short 'NI Act') against him.
2. Briefly put, the facts of the case are that a complaint had been filed by complainant-appellant alleging therein that accused-respondent was running a business namely "Galaxy Agro Foods International, Sirsa", in the course of which he came to the complainant and proposed him to engage in the business of Emu farming. Thereafter, they entered into an agreement dated 02.08.2012 and as per the contract, the respondent was to supply Emu birds and allegedly, in return was to buy eggs from the appellant. Then on demand for the payment, the accused i
Dishonour of cheque – Accused had to prove by cogent evidence that there was no debt or liability.
The main legal point established in the judgment is the presumption under Section 139 of the NI Act, the burden of proof on the accused to rebut the presumption, and the requirement for the accused t....
The burden of proof, legal presumptions, and the accused's admission of debt in the issuance of the cheque are crucial in determining liability under the Negotiable Instrument Act.
The presumption of liability under Sections 118 and 139 of the N.I. Act is rebuttable, and the accused can create doubt regarding the enforceability of the debt without needing to provide evidence.
The presumption of issuance for repayment under Section 139 of the N.I. Act can be rebutted by the accused with sufficient evidence.
Dishonor of cheque - Once the execution of cheque is admitted Section 139 of the Act mandates a presumption that the cheque was for the discharge of any debt or other liability
The complainant must establish the existence of a legally enforceable debt to sustain a conviction under Section 138 of the Negotiable Instruments Act.
The complainant must prove the sale of goods and the liability of the accused beyond reasonable doubt under Section 138 of the NI Act, 1881.
The acquittal in a 138 NI Act case can be upheld if the complainant fails to prove the existence of a debt beyond reasonable doubt.
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