SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(Sikk) 3

MEENAKSHI MADAN RAI
Sancha Bahadur Subba – Appellant
Versus
Ramesh Sharma – Respondent


Advocate Appeared:
For the Appellant :Umesh Ranpal, Raghvendra Kumar and Sanju Gupta, Advocates
For the Respondent:S.S. Hamal, Leada T. Bhutia, Sabina Chettri and Saroja Chettri, Advocates

JUDGMENT :

MEENAKSHI MADAN RAI, J.

1. This common Judgment disposes of three Criminal Appeals i.e. Criminal Appeal No. 33 of 2018 (arising out of Private Complaint Case No. 14 of 2015), Criminal Appeal No. 34 of 2018 (arising out of Private Complaint Case No. 31 of 2015) and Criminal Appeal No. 35 of 2018 (arising out of Private Complaint Case No. 30 of 2015).

2. The Appeals assail the acquittal of the Respondent (the accused person before the learned trial Court) by the Court of the learned Chief Judicial Magistrate, East Sikkim at Gangtok, for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "N.I. Act"), vide Judgments dated 11.05.2018, in the afore detailed Private Complaint Cases. The grounds for acquittal were that the Appellant had failed to prove the ingredients of "giving Notice" as required under Section 138 of the N.I. Act. The Appellant failed to establish beyond a reasonable doubt that a debt or any other liability existed in his favour. That the presumption under Section 139 of the N.I. Act was successfully rebutted by the Respondent. Hence, the Appeals.

3. The facts common in all the Complaints, leading to the Appeals may briefly be adverte

                              Click Here to Read the rest of this document
                              1
                              2
                              3
                              4
                              5
                              6
                              7
                              8
                              9
                              10
                              11
                              SupremeToday Portrait Ad
                              supreme today icon
                              logo-black

                              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                              Please visit our Training & Support
                              Center or Contact Us for assistance

                              qr

                              Scan Me!

                              India’s Legal research and Law Firm App, Download now!

                              For Daily Legal Updates, Join us on :

                              whatsapp-icon telegram-icon
                              whatsapp-icon Back to top