DEEPAK KUMAR AGARWAL
Bhagwat Prasad Parashar – Appellant
Versus
Ajendra Bais – Respondent
JUDGMENT
1. This criminal revision petition has been filed by the petitioner challenging the judgment of conviction and order of sentence dated 29.11.2018 passed by learend Judicial Magistrate First Class Guna, in Criminal Case No.901/2015, whereby the accused-petitioner was convicted and sentenced under Section 138 of the Negotiable Instruments Act and to undergo rigorous imprisonment for a period of six months and to pay compensation of 12 lacs and also challenging the judgment dated 29.10.2022 passed by Fifth Additional Sessions Judge Guna, vide which appeal filed by petitioner against the judgments dated 29.11.2018 was dismissed.
2. As per the facts of the case, respondent No.1/complainant had entered into an agreement to sale of land piece bearing survey Number Patwari Halka number 1209/1B total land 19575 sq. ft. with the petitioner and his business partner Chandra Bhan Raghuvanshi wife Hemlata Raghuvanshi. Agreement to sale of land was executed into two parts and consideration of sale was not given in cash by the petitioner and issued a cheque of Rs. 35,60,000/- dated 22.03.2013 of the Punjab National Bank. The petitioner/accused had taken back the said cheque and made cash pa
Duli Chand vs. Delhi Administration as (1975) 4 SCC 649
State of Maharashtra vs. Jagmohan Singh Kuldip Singh Anand and Others as (2004) 7 SCC 659
Issuing cheques in discharge of an existing liability, which are subsequently dishonoured, constitutes an offence under Section 138 of the Negotiable Instruments Act. The jurisdiction of the court in....
Proper adherence to procedural requirements and principles of law in dismissing appeals and considering suspension of sentence under Section 138 of NI Act.
The presumption of issuance of a cheque for consideration under Section 139 of the Negotiable Instruments Act is not rebutted by mere denial of the transaction without evidence.
The legal enforcement of Section 138 of the Negotiable Instruments Act is affirmed with an emphasis on the sufficiency of evidence and statutory notice requirements.
The dishonor of cheque constitutes an offence under Section 138 of the Negotiable Instruments Act when the complainant presents sufficient evidence to support the liability.
The court has the discretion to alter the sentence under Section 138 of the Negotiable Instrument Act based on the circumstances and payment made by the accused.
The main legal point established in the judgment is the application of the presumption under Section 139 of the Negotiable Instruments Act and the importance of proving the contrary to rebut the pres....
Presumption in favor of the holder of the cheque under Section 139 of the Negotiable Instruments Act.
The court upheld conviction for cheque dishonor under the Negotiable Instruments Act, allowing time to remit the fine.
The court upheld the conviction under Section 138 of the NI Act, emphasizing that the revisional jurisdiction does not allow interference unless findings are grossly erroneous.
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