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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Kala – Appellant
Versus
Ferozepur Primary Co-Operative Agriculture Development Bank Limited – Respondent
JUDGMENT :
Manisha Batra, J.
The present revision petition has been filed against the judgment of conviction and order on quantum of sentence, both dated 29.11.2019, passed by the Court of learned Judicial Magistrate First Class, Ferozepur in criminal complaint bearing CIA No. NACT/1035/2016, titled as The Ferozepur Primary Co-operative Agriculture Development Bank vs. Kala, filed under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N. I. Act'), whereby the petitioner was held guilty for commission of offence punishable under the aforesaid section and was sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 2,90,000/- as compensation to the complainant 5,000/-, in default of which, he was directed to further undergo simple imprisonment for a period of six months. The petitioner has also laid challenge to the judgment dated 18.05.2023, passed by the Court of learned Additional Sessions Judge-cum-Fast Track Court, Ferozepur, whereby the appeal filed by him had been dismissed.
2. For the sake of coherence and convenience, the parties shall be referred to as per their original nomenclature given before the learned trial Court.
3. Brie
Insufficient funds for a cheque issued to discharge a lawful liability establishes an offence under Section 138 of the Negotiable Instruments Act, which includes a statutory presumption that must be ....
A mandatory presumption applies in dishonour cases under Section 138 of the Negotiable Instruments Act, requiring the accused to provide evidence to rebut the lawful liability for which a cheque was ....
Dishonoured cheque attracts presumption of lawful debt under NI Act unless rebutted by accused on preponderance of probabilities; failure justifies conviction even for security cheque with subsisting....
Presumption under Sections 118/139 NI Act holds where accused admits cheque issuance but fails to rebut lawful liability with evidence; security cheques enforceable if dishonoured due to default; no ....
The presumption under Sections 118 and 139 of the Negotiable Instruments Act remains in favor of the holder unless the accused provides credible evidence to rebut it.
Presumption under Sections 118/139 NI Act not rebutted by unsubstantiated security cheque claim; such cheques enforceable under Section 138 on dishonour for insufficient funds if liability undischarg....
The main legal point established in the judgment is the presumption of liability on the drawer of the cheque under Section 139 of the Negotiable Instruments Act, 1881, and the burden of proof on the ....
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