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JASJIT SINGH BEDI
Iqbal Singh Oberoi – Appellant
Versus
Satnam Kaur – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J.
The applicant/appellant has filed the present application for grant of leave to appeal against the judgment of acquittal dated 26.11.2019 passed by the Addition Chief Judicial Magistrate, Rupnagar, whereby the accused-respondent has been acquitted of the charges under section 138 of the Negotiable Instruments Act.
2. The brief facts of the case are that a complaint under section 138 of Negotiable Instruments Act was filed by the applicant/appellant (hereinafter known as the complainant) alleging that the respondent (hereinafter known as accused) had taken loan of Rs.1,50,000/- for domestic purposes with a promise to return the same. On 19.03.2018, the accused, in order to discharge her legal liability, issued a cheque of Rs.1,50,000/- of Punjab National Bank, Branch College Road, Rupnagar to the complainant. On 20.03.2018, the complainant presented the said cheque with his bankers i.e. UCO Bank, Rupnagar but the cheque was dishonoured and received back with the remarks "funds insufficient" on 21.03.2018. Thereafter, the complainant got issued a legal notice to the accused through his counsel Sh. S.K Wahi, Advocate on 04.04.2018 and the same was rec
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable and the accused can discharge the burden of proof by raising a probable defense.
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