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HARSH BUNGER
Subhash Kumar – Appellant
Versus
Ram Kumar – Respondent
| Table of Content |
|---|
| 1. filing of a complaint under section 138 n.i. act (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. guidelines for appellate court in acquittal cases (Para 12 , 13 , 14 , 15 , 16) |
| 3. evaluation of trial court's findings (Para 18 , 19 , 20 , 21 , 22) |
| 4. dismissal of leave to appeal application (Para 25 , 26) |
JUDGMENT
Harsh Bunger, J.
CRM-15784-2018
There is delay of 06 days in filing the accompanying appeal.
2. For the reasons recorded in the application, the same is allowed and delay of 06 days in filing the accompanying appeal is condoned.
3. Criminal Misc. Application stands disposed of accordingly.
CRM-A-821-MA-2018
4. The instant application has been filed under Section 378(4) of the Code of Criminal Procedure, 1973 (for short `the Cr.P.C.') for grant of leave to appeal against impugned judgment dated 20.01.2018 passed by learned Sub Divisional Judicial Magistrate, Ratia, whereby, the criminal complaint filed by the applicant under section 138 of the Negotiable Instruments Act, has been dismissed and the respondents have been acquitted of the charges framed against them.
5. Brief facts of the case are that applicant/complainant-Subhash Kumar filed a complaint against respondents
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....
Cheque for time-barred debt not liable under Section 138 NI Act; Sections 118/139 presumption rebutted by prior stop payment on lost cheque and lack of financial capacity proof; acquittal interferenc....
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