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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
RAJENDRA KUMAR VANI
Ismail Beg – Appellant
Versus
Vishal Jain – Respondent
ORDER :
RAJENDRA KUMAR VANI, J.
I.A. No.23461/2022, an application under Section 378(4) of Cr.P.C. has been filed seeking leave to appeal against the judgment of acquittal dated 17.10.2022 passed in Criminal Appeal No.82/2021 (Vishal Jain Vs. Ismail Beg) by 14th Additional Sessions Judge, Bhopal (M.P.) arising out of judgment dated 11.02.2020 passed in Criminal Case No.13398/2016 by JMFC, Bhopal, whereby the appellate court allowing the appeal has set aside the judgment of the Trial Court and has acquitted the respondent/accused (for short "accused") from the charge of offence punishable under Section 138 of the Negotiable Instruments Act.
2 . I have gone through the impugned judgments of the Courts below. On due consideration leave is granted to appellant. I.A. No.23461/2022 is disposed of accordingly.
3. With the consent of learned counsel for the parties, the matter is heard finally.
4 . The brief facts of the case, as alleged by the appellant/complainant (in short "complainant") in the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the NI Act") are that both the parties are known to each other. The complainant had given Rs.4,00,000/- for a mon
Presumption under Section 139 NI Act shifts burden to accused to rebut by probable defence; trial court erred in requiring complainant to prove debt, rendering acquittal perverse in appeal.
Cheque for time-barred debt not liable under Section 138 NI Act; Sections 118/139 presumption rebutted by prior stop payment on lost cheque and lack of financial capacity proof; acquittal interferenc....
Presumption under Sections 118(a) and 139 of NI Act rebutted on preponderance of probabilities where cross-examination shows complainant's lack of financial capacity as housewife with unproven remitt....
A presumption of debt exists under Sections 138 and 139 of the Negotiable Instruments Act, which the accused failed to rebut, affirming liability for dishonored cheques.
Presumption under Section 139 of the Negotiable Instruments Act requires the accused to present credible evidence to rebut the holder's claim of legal liability regarding the cheque issued.
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....
The presumption under Section 139 of the NI Act mandates that a cheque is presumed to be issued for discharge of a debt unless the accused proves otherwise.
The presumptions under sections 138 and 139 of the NI Act favor the holder, shifting the burden to the accused to rebut the claims of liability.
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