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MANJU RANI CHAUHAN
Shiv Kumar Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. By means of instant application the applicant has approached this Court challenging the proceedings of Complaint Case No. 2233 of 2021[Satpal Naagar v. Shiv Kumar Sharma], under Section 138 of the Negotiable Instruments Act, 1881[the N.I. Act], Police Station Phase-2, District Gautam Buddh Nagar and summoning order dated 05.04.2022 passed by Additional Chief Judicial Magistrate-III, Gautam Buddh Nagar.
2. Brief facts of the case are; a complaint under Section 138 of the N.I. Act was filed against the applicant with the allegation that the applicant having good relations with opposite party no. 2 demanded an amount of Rs. 1,25,00,000/-requesting him to become a partner in his business, which was being run by him since 2013. The opposite party no. 2, on the assurance of the applicant, gave an amount of Rs. 1,25,00,000/-. It has further been alleged that the applicant, having the intention of cheating, showed profit in the Firm for the year 2014-15 and returned an amount of Rs. 8,00,000/-to the opposite party no. 2. On being asked to return the balance amount, the applicant gave Cheque No. 097414 dated 24.03.2021 of Rs. 20,00,000/-. The said cheque was presented by the com
A PRESUMPTION THAT A CHEQUE PERTAINS TO A LEGALLY ENFORCEABLE DEBT OR LIABILITY ARISES WHEN THE SIGNATURE ON THE CHEQUE IS ADMITTED, BUT THIS PRESUMPTION IS REBUTTABLE AND THE BURDEN OF PROOF LIES ON....
The presumption of liability under Section 139 of the Negotiable Instruments Act can be rebutted if the accused proves non-receipt of the demand notice, which is essential for prosecution under Secti....
The legal presumption under Section 139 of the NI Act favors the complainant, and factual disputes must be resolved at trial, not pre-trial.
There is a presumption under Section 139 of the N.I.Act that there exists a legally enforceable debt or liability.
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....
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