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DEEPAK GUPTA
Suresh Kumar Goyal – Appellant
Versus
Darshan Singh – Respondent
| Table of Content |
|---|
| 1. case background and allegations of cheque dishonor. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding the presumption and the accused's burden. (Para 5 , 20) |
| 3. court observations on legal principles related to presumptions. (Para 9 , 12 , 15) |
| 4. final conclusion on conviction and outcome of the appeal. (Para 26 , 27) |
JUDGMENT
Deepak Gupta, J.
CRM-172-2020
Application is allowed.
Annexures A1 to A4 are taken on record.
CRM-A-70-2020
Leave to appeal is hereby granted.
Registry is directed to assign number to the appeal.
CRA-AS-445-2023.
In criminal complaint bearing CIS No. NACT 272/2016 filed by the petitioner-Suresh Kumar Goyal to prosecute the accused-Darshan Singh (now respondent) under section 138 of the Negotiable Instruments Act, 1881 [for short 'the NI Act'], the said accused has been acquitted by the Court of ld. JMIC, Dhuri vide judgment dated 06.12.2018.
2. Aggrieved against the said acquittal, complainant approached this Court by way of present appeal.
3. Perusal of the record reveals that it was alleged by the complainant that he was the proprietor of the firm M/s Aggarwal Chips and Marble Store, dealing in chips and marbles. On 25.03.2016, accused along with his
The presumptions under sections 138 and 139 of the NI Act favor the holder, shifting the burden to the accused to rebut the claims of liability.
The main legal point established in the judgment is the presumption in favor of the holder under Section 139 of the NI Act, the rebuttable presumption of consideration under Section 118(a), and the r....
The presumption of liability under the NI Act is rebuttable, and the burden of proof lies on the complainant to establish the existence of a legally enforceable debt.
The presumption under Section 139 of the NI Act obligates the accused to provide credible evidence to rebut the claim of issuance of a cheque for a legally enforceable debt.
Admission of cheque execution triggers Sections 118/139 NI Act presumptions of debt; burden on accused to rebut by evidence; trial acquittal ignoring presumption and shifting onus to complainant is p....
The main legal point established in the judgment is the rebuttable nature of the presumption in favor of the holder of a cheque under Sections 118 and 139 of the N.I. Act, emphasizing the burden of p....
Presumption under Section 139 of the Negotiable Instruments Act requires the accused to present credible evidence to rebut the holder's claim of legal liability regarding the cheque issued.
Presumption under Section 139 NI Act shifts burden to accused to rebut by probable defence; trial court erred in requiring complainant to prove debt, rendering acquittal perverse in appeal.
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