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DINESH KUMAR PALIWAL
Rajendra Shrivas – Appellant
Versus
Santosh Gupta – Respondent
ORDER
1. The present petition has been filed to quash the order dated 27.10.2021 passed by learned Judicial Magistrate, First Class, Jabalpur in SCNIA No. 4314/2014 Santosh Gupta Vs. Rajendra Shrivas whereby an application under Sections 45 and 73 of the EVIDENCE ACT filed by the petitioner/accused has been dismissed. Against the impugned order, a revision was preferred by the petitioner/accused before the Sessions Judge, Jabalpur. Learned Additional Sessions Judge/Special Judge, Electricity Act, 2003 No.9, Jabalpur by order dated 08.12.2021 passed in Cr.R. No. 272/2021 Rajendra Shrivas Vs. Santosh Gupta has affirmed the order passed by learned JMFC and has dismissed the revision application.
2. The brief facts of the case are that petitioner is facing trial in SC NIA No. 4314/2014 Santosh Gupta Vs. Rajendra Shirvas for commission of offence under Section 138 of Negotiable Instrument Act (hereinafter referred to as N.I. Act.) before JMFC, Jabalpur. It is alleged that petitioner/accused had issued a cheque dated 10.02.2014 in favour of the respondent/complainant for a sum of Rs. 3,00,000/-, when cheque was presented by him in the bank for encashment same stand dishonored on 13.02.20
The accused has the right to rebut the presumption of a legally enforceable debt and must be granted an opportunity to adduce evidence in rebuttal, including the examination of a handwriting expert.
The main legal point established in the judgment is the presumption of liability of the drawer of the cheques under Section 138 and 139 of the Negotiable Instruments Act, and the obligation on the ac....
The liability of the drawer of a cheque and the presumption in favor of the holder under Section 139 of the Negotiable Instruments Act.
Once the signatures are admitted, the filling of the body of the cheque by another person is immaterial, and no useful purpose would be served by comparing the handwriting. The accused has a valuable....
An accused has the right to present evidence to challenge the validity of a cheque, particularly when allegations of misuse are made.
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