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MANJU RANI CHAUHAN
Vedpal Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Mrs. Manju Rani Chauhan, J.
By means of instant application the applicant has approached this Court challenging the summoning order dated 28.10.2020 passed in Complaint Case No. 1032/09 of 2020, Kapil v. Vedpal under section 138 of the Negotiable Instruments Act, 1881, Police Station - Shamli, District Kairana, by Chief Judicial Magistrate, Shamli at Kairana.
2. Brief facts of the case are; a complaint had been filed against the applicant alleging that the applicant and opposite party no. 2 were known and helped each other by means of money in case of need. Owing to the above friendship, feeling faith in applicant, opposite party no. 2 lent an amount of Rs. 2,60,000/- (Rupees Two Lakh Sixty Thousand] in the month of June, 2019 with the assurance extended by the applicant that said amount will be returned to him within six months. After the passage of said period, when the opposite party no. 2 requested the applicant to return the amount, expressing inability for immediate return in cash, he gave a cheque bearing no. 880624 dated 30.12.2019 of Rs. 2,60,000/-. The opposite party no. 2 presented the said cheque in the Bank for encashment on 04.01.2020, but the same was return w
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.
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....
Dishonour of a cheque due to insufficient funds constitutes an offence under Section 138 of the N.I. Act, regardless of claims of theft, unless the evidence at trial proves otherwise.
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....
There is a presumption under Section 139 of the N.I.Act that there exists a legally enforceable debt or liability.
The legal provisions of the NI Act create a deeming offence for dishonour of cheques and establish a presumption of debt or liability upon the holder of the cheque, with a reverse onus cast on the ac....
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