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JASGURPREET SINGH PURI
Ranbir Singh @ Randhir Singh – Appellant
Versus
Navneet Chauhan – Respondent
JUDGMENT
Mr. Jasgurpreet Singh Puri, J.
The present application has been filed under Section 378(4) Cr.P.C. seeking leave to appeal against the judgment dated 12.01.2016 passed by the learned Sessions Judge, Ambala, whereby the respondent has been acquitted.
2. The present applicant, namely, Ranbir Singh @ Randhir Singh filed a complaint against the respondent, namely, Navneet Chauhan under section 138 of the Negotiable Instruments Act, 1881 pertaining to a cheque of Rs.38,00,000/-. The learned Judicial Magistrate 1st Class, Ambala convicted the respondent in the aforesaid complaint vide judgment dated 14.01.2015 and vide separate order dated 17.01.2015, sentenced him to undergo rigorous imprisonment for a period of two years and to pay the cheque amount of Rs.38,00,000/- with interest at the rate of 9% per annum from the date of filing of the complaint till its realization. Thereafter, the respondent-accused preferred an appeal before the learned Sessions Judge, Ambala, wherein vide judgment dated 12.01.2016, the learned Sessions Judge, Ambala set aside the judgment of conviction dated 14.01.2015 and order of sentence dated 17.01.2015 passed by the Judicial Magistrate 1st Class, Am
A legally enforceable debt is essential for liability under Section 138 of the Negotiable Instruments Act; cancellation of the underlying contract negates such liability.
(1) Dishonour of cheque – At stage of issuance of process, statutory presumption under Section 139 of N.I. Act cannot be dislodged in a summary manner merely by contending that cheque issued was not ....
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.
The accused must raise a probable defense to contest the existence of a legally enforceable debt or liability in cases of cheque dishonour under Section 138 of the Negotiable Instruments Act, failing....
The presumption under Section 139 of N.I. Act is a presumption of law, as distinguished from the presumption of facts. Presumptions are rules of evidence and do not conflict with the presumption of i....
Cheques issued in discharge of a lawful liability create a presumption of guilt under Section 138, which the accused must rebut to avoid conviction.
A drawer of a cheque may incur liability under Section 138 of the Negotiable Instruments Act unless they can sufficiently rebut the statutory presumptions of consideration and debt.
The presumption of liability under Section 139 of the Negotiable Instruments Act can be rebutted if the accused presents sufficient evidence to create doubt regarding the existence of the debt.
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