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MANISHA BATRA
Sunder Lal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mrs. Manisha Batra, J.
The instant revision petition has been filed by the petitioners challenging the judgment of conviction and order on quantum of sentence both dated 16.02.2015 passed by the learned Judicial Magistrate 1st Class, Faridkot in Criminal Complaint bearing No. RT 717 of 2014 titled as Satwant Singh v. Sunder Lal and another whereby the petitioners had been held guilty under Section 138 of the Negotiable Instruments Act, 1881 (For short “Act”) and were sentenced to undergo imprisonment for a period of six months and to pay fine of Rs.2500/- each and in default of payment of fine, they were further sentenced to undergo imprisonment for fifteen days more and the judgment dated 04.02.2016 as passed by the Court of learned Additional Sessions Judge, Faridkot in Criminal Appeal bearing CIS No.CRA/45 of 2015 titled as Sunder Lal and another v. Satwant Singh thereby affirming the judgment/order dated 16.02.2015 passed by the Magistrate.
2. For the sake of continuity and coherence, parties shall be referred to hereinafter as per the same nomenclature as given before the trial Magistrate.
3. Brief facts relevant for the purpose of disposal of this petition are that t
Presumptions under the Negotiable Instruments Act imply that once cheque issuance is admitted, it is presumed to discharge a legally enforceable debt, placing the burden on the accused to provide evi....
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the burden of proof lies on the accused to provide a probable defense.
The presumption of issuance under Section 139 of the Negotiable Instruments Act requires the accused to prove the contrary if the cheque's signature is admitted, which was not done in this case.
The presumption in favor of the complainant under the N.I. Act is rebuttable, and the standard of proof required to prove a defense in a criminal case is preponderance of probabilities.
Dishonour of cheque – Whereas prosecution must prove guilt of an accused beyond all reasonable doubt, standard of proof so as to prove a defence on part of accused is preponderance of probabilities.
The presumption under Section 139 of the NI Act mandates that a cheque is presumed to be issued for discharge of a debt unless the accused proves otherwise.
The presumption under Section 139 of the NI Act that a cheque is issued for discharge of a debt or liability unless proven otherwise, and the accused's burden to raise a probable defense to rebut the....
The accused's failure to repay the loan amount and the dishonour of the cheque led to the application of the statutory presumption under Ss.118 and 139 of the Negotiable Instruments Act, emphasizing ....
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