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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Gian Chand Garg – Appellant
Versus
Harpal Singh – Respondent
JUDGMENT :
Deepak Gupta, J.
In criminal complaint filed by Harpal Singh (respondent herein), accused-Gian Chand Garg (petitioner herein) was convicted by ld. JMIC, Kurukshetra under Section 138 of the Negotiable Instruments Act, 1881 [for short 'the NI Act'] vide judgment dated 21.04.2010 and was sentenced to undergo simple imprisonment for a period of 6 months and to pay fine of Rs. 1000/- with default sentence of 15 days imprisonment vide order of the even date. Fine was paid.
2. Against this conviction and sentence, appeal was preferred by the accused (petitioner herein), but the same was dismissed by the ld. Additional Sessions Judge, Kurukshetra vide order dated 14.09.2010, thus affirming the conviction as well as sentence.
3. Against the aforesaid judgment of conviction and order of sentence passed by the trial Court and as affirmed by the appellate Court, the present revision has been filed by the accused.
4. As the paper-book would reveal, the case of the complainant i.e. respondent herein was that an amount of Rs. 5 lakh had been borrowed by the accused-petitioner herein and in order to pay the same, accused had issued cheque No.933572 dated 15.10.2003 drawn on Punjab National
The presumption of liability under Section 139 of the Negotiable Instruments Act is robust, shifting the burden to the accused to prove otherwise, which was not achieved in this case.
The main legal point established in the judgment is the presumption in favor of the holder under Section 139 of the NI Act, the rebuttable presumption of consideration under Section 118(a), and the r....
The main legal point established in the judgment is the presumption in favor of the holder under Section 139 of the Negotiable Instruments Act and the onus on the accused to raise a probable defense ....
The presumption of liability in dishonor of cheques under Section 139 of the NI Act is rebuttable, requiring the accused to provide credible evidence to challenge the presumption of a legally enforce....
The presumptions under sections 138 and 139 of the NI Act favor the holder, shifting the burden to the accused to rebut the claims of liability.
The accused's failure to rebut the presumption under Section 139 of the NI Act and the service of notice of dishonour within the prescribed period led to the Court upholding the conviction and the co....
The presumption of liability under Section 139 of the Negotiable Instruments Act applies despite account seizure; the burden to disprove liability lies with the accused.
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.
Point of Law : Jurisdiction is one of supervisory jurisdiction exercised by High Court for correcting miscarriage of justice.
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