Back
JASJIT SINGH BEDI
Iqbal Singh Oberoi – Appellant
Versus
Satnam Kaur – Respondent
| Table of Content |
|---|
| 1. overview of complaint under section 138. (Para 1 , 2) |
| 2. evidence presented by both parties. (Para 3 , 4) |
| 3. the burden of proof lies with the complainant. (Para 5) |
| 4. arguments about lack of supporting documents. (Para 6 , 8) |
| 5. statutory presumptions under sections 118 and 139. (Para 7 , 9 , 12) |
| 6. rebuttal of presumptions by the defense. (Para 10 , 11) |
| 7. principles guiding appeals against acquittals. (Para 14 , 15) |
| 8. conclusion on the trial court's judgment. (Para 16) |
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
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
