SAROJ YADAV
Narendra Singh – Appellant
Versus
Jas Karan Lal Verma – Respondent
| Table of Content |
|---|
| 1. dishonoured cheque details and related complaint. (Para 2 , 3) |
| 2. court's reasoning on evidence and acquittal. (Para 4 , 8 , 9) |
| 3. arguments regarding cheque issuance and defence. (Para 6 , 7) |
JUDGMENT :
SAROJ YADAV, J.
1. This criminal appeal has been filed by the appellant against the judgment and order dated 26.05.1999 passed by Judicial Magistrate Ist, Barabanki in Complaint Case No. 662 of 1999 ( Narendra Singh vs. Jas Karan Lal Verma ) under Section 138 of Negotiable Instruments Act 1881, Police Station Kotwali City, District Barabanki, whereby the accused/opposite party was acquitted.
2. The necessary facts for disposal of this appeal are as follows:
Dishonored of Cheque - Presumption in favour of holder - The presumption attached to Section 139 of the Negotiable Instruments Act does comes into play, but yet, this presumption is rebuttable.
A dishonored cheque primarily for insufficient funds establishes liability under Section 138, while secondary reasons like signature discrepancies are irrelevant unless intent to defraud is proven.
The burden of proof under Section 138 of the Negotiable Instruments Act lies on the accused to show that the cheque was not issued in discharge of any debt or liability.
The accused must raise a probable defense to contest the existence of a legally enforceable debt or liability in cases of cheque dishonour under Section 138 of the Negotiable Instruments Act, failing....
The burden of proving the case beyond reasonable doubt lies on the complainant, and the accused has the right to establish a probable defense based on the complainant's lack of financial capacity.
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