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HARSH BUNGER
Ravinder Pannu – Appellant
Versus
Seema Sharma – Respondent
JUDGMENT
Harsh Bunger, J.
CRM-A-658-MA-2018has been filed under Section 378(4) of the Code of Criminal Procedure, for grant of leave to appeal against impugned judgment dated 15.01.2018, passed by the learned Judicial Magistrate First Class, Patiala, whereby the criminal complaint filed by the appellant under section 138 of the Negotiable Instruments Act has been dismissed and the respondent (Seema Sharma) has been acquitted of the charges framed against her.
2. Briefly, the present applicant-appellant (complainant) through his attorney namely Gobinder Mittal filed a complaint under section 138 of the Negotiable Instruments Act read with Section 420 of the INDIAN PENAL CODE against the respondent, wherein it was alleged that the applicant-appellant (complainant) was having friendly relation with the respondent/accused and the respondent/accused had taken financial assistance of Rs.60 Lakhs from the applicant-appellant (complainant) in the presence of Gobinder Mittal and in order to repay the amount of Rs.60 Lakhs, the respondent had issued 3 cheques of Rs. 20 Lakhs each in favour of the applicant-appellant (complainant), all cheques dated 15.03.2012. It was alleged that the responde
In appeals against acquittal under NI Act s.138, High Court interferes only if perverse, misreads evidence, or sole guilt view possible; reasonable defence rebutting presumption warrants upholding ac....
Point of law : Presumption Under Section 139 is a rebuttable presumption and the onus is on the accused to raise the probable defence. The standard of proof for rebutting the presumption is that of p....
The cheque must represent a legally enforceable debt at the time of encashment; the burden to rebut the presumption of liability lies with the accused.
The complainant must prove the existence of a legally enforceable debt in a Section 138 NI Act case, and discrepancies in testimony can undermine the presumption of consideration.
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