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JASJIT SINGH BEDI
Sarita – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Jasjit Singh Bedi, J.
The applicant/appellant has filed the present application for grant of leave to appeal against the order of acquittal dated 12.10.2016 passed by the Judicial Magistrate, 1st Class, Kurukshetra, whereby the accused-respondent No.2 has been acquitted of the charges under sections 138 and 142 of the Negotiable Instruments Act.
2. As per the complainant/applicant-appellant (hereinafter known as the complainant), on 11.06.2013, the accused-respondent No.2 (hereinafter known as the accused) had borrowed an amount of Rs.5,00,000 from the complainant at the rate of 18 % per annum and in order to repay the same and to discharge her legal liability had issued a cheque No.226481 dated 01.08.2014 for a sum of Rs.6,05,000/- drawn at Punjab National Bank, Pipli, District Kurukshetra from her account in favour of the complainant. The said cheque came to be dishonoured on the ground of "funds dishonoured" vide a memo dated 04.08.2014. As no payment was made, a legal notice was issued to respondent No.2-accused on 07.08.2014 but despite the receipt of the same no amount was paid to the complainant. Therefore, a complaint was initiated under the provisions of the Negoti
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....
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 main legal point established in the judgment is the presumption of innocence and the principles for interference in an appeal against acquittal.
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