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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Surinder Singh – Appellant
Versus
Ram Dev – Respondent
JUDGMENT :
Manjari Nehru Kauu, J.
The present appeal has been filed for setting aside the impugned judgment dated 15.01.2020 passed by JMIC Ferozepur, whereby the accused-respondent had been acquitted of the charges in a complaint filed under Sections 138/142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the NI Act').
2. The learned counsel for the complainant (hereinafter referred to as the appellant) contends that the trial Court gravely erred in failing to appreciate the evidence adduced during the trial, thereby rendering the judgment liable to be set aside. It is argued that the accused (hereinafter referred to as the respondent), in collusion with his brother-in-law Amandeep and certain other individuals, intentionally deceived the petitioner by providing false assurances; the respondent, gave an undertaking, and assured the appellant that if a sum of Rs. 1,20,000,00/- was paid to the respondent's brother-in-law, he would secure employment for certain individuals in the Punjab Police. Acting upon this fraudulent assurance, an amount of Rs. 1,20,000,00/- was given to the respondent's brother-in-law. However, it soon became apparent that no such appointments
The court emphasized that under Section 138 of the Negotiable Instruments Act, there is a presumption that cheques are issued for discharging legal liabilities, which the accused must rebut.
(1) Dishonour of cheque – Where complainant’s case is based on a specific claim that money was given for securing a TNSTC job and cheque was issued to repay this amount, there is no legally enforceab....
Burden of proving that a chqeue has not been issued for debt or liability is on the accused, after the initial burden is discharged.
:DISHONOUR OF CHEQUE – ACQUITTAL UNDER - under Section 139 of the N.I. Act, there is a presumption that the holder of the cheque received it for the discharge of debt or liability, but the existence ....
A cheque issued under coercion does not constitute a legally enforceable liability as per the Negotiable Instruments Act.
The court upheld that a dishonored cheque creates a presumption of liability unless adequately rebutted, reinforcing the legal principles under Sections 118 and 139 of the Negotiable Instruments Act.
A cheque issued without a legally enforceable debt does not attract penal consequences under Section 138 of the Negotiable Instruments Act.
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