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T. AMARNATH GOUD
Manik Lal Das – Appellant
Versus
Dipankar Majumder – Respondent
| Table of Content |
|---|
| 1. factual background of loan agreement and cheque issuance. (Para 3 , 4 , 5 , 6) |
| 2. arguments against the judgments of lower courts. (Para 8 , 9 , 10 , 11) |
| 3. analysis of compliance with section 138 of n.i. act. (Para 26 , 39 , 41 , 42) |
| 4. presumptions under ni act regarding cheque validity. (Para 36 , 38) |
| 5. conclusion affirming conviction and sentence. (Para 44 , 45) |
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. T.D. Majumder, learned senior counsel assisted by Mr. J. Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mrs. P. Dhar, learned counsel appearing for the respondent.
2. This petition has been filed under Section-397 read with Section-401 & 482 of the Code of Criminal Procedure Act, 1973 against the judgment dated 11.06.2019 passed by the learned Sessions Judge, Gomati Judicial District, Udaipur in Criminal Appeal No. 25(3) of 2018 for setting aside the conviction for offence under Section-138 of the Negotiable Instrument Act, 1981.
3. Factual backdrop of the case is that the complainant (respondent herein) Sri Dipankar Majumder, Branch Manager, Shriram Transport Finance Company Limited, Udaipur Branch, is engaged in the business of financing bo
A cheque issued for repayment of a loan constitutes a legally enforceable debt under Section 138 of the NI Act, with the burden of proof on the accused to rebut the presumption of liability.
The issuance of a cheque establishes liability under Section 138 of the Negotiable Instrument Act, requiring the accused to rebut the presumption of its validity, which he failed to do.
The cause of action for filing a complaint under Section 138 of the Negotiable Instruments Act cannot arise before expiry of 15 days from the date of service of notice upon the accused.
The presumption of cheque issuance for debt under Section 139 can be rebutted, requiring the complainant to prove the existence of a legal enforceable debt for a successful prosecution under Section ....
Power of attorney holders can file cheque dishonour complaints if they possess personal knowledge of the transaction; absence of such knowledge may invalidate the complaint.
A cheque dishonoured for reasons such as 'referred to the drawer' is covered under Section 138 of the N.I. Act, but a complaint must be filed after proper service of notice and cannot be filed in the....
A drawer of a cheque may incur liability under Section 138 of the Negotiable Instruments Act unless they can sufficiently rebut the statutory presumptions of consideration and debt.
A cheque issued as security does not constitute a legally enforceable debt under Section 138 of the Negotiable Instruments Act.
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