Back
T. AMARNATH GOUD
Tapan Kr. Saha – Appellant
Versus
Balai Chandra Das – Respondent
| Table of Content |
|---|
| 1. initial facts of the loan and cheque issuance. (Para 2 , 3 , 4) |
| 2. summary of procedural history and appeals. (Para 6 , 7 , 8 , 9) |
| 3. petitioner's arguments on evidence issues. (Para 10 , 11 , 12 , 13) |
| 4. legal presumption under ni act sections. (Para 14 , 15 , 16 , 17) |
| 5. discussion on evidentiary requirements. (Para 18 , 19 , 20 , 21) |
| 6. doubts raised about complainant's financial capacity. (Para 22 , 23 , 24 , 25 , 26) |
| 7. defendant's rebuttal evidence related to partnership. (Para 27 , 28) |
| 8. counsel's arguments about partnership admission. (Para 29 , 30 , 34) |
| 9. court's reasoning on evidence and presumption. (Para 31 , 32 , 33 , 35) |
| 10. final judgment based on established principles. (Para 36 , 37) |
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. B.N. Majumder, senior learned counsel assisted by Mr. S. Lodh, learned counsel appearing for the petitioner. Also heard Mr. Raju Datta, learned counsel appearing for the respondent.
2. Before this matter is taken up for hearing, an endeavour was taken before the Lok Adalat for reconciliation of the dispute, but for stiff resistance, the dispute could not be settled. The petitioner filed a complaint under Section-138 of the NI Act again
The court held that the accused successfully rebutted the presumption under Section 139 of the NI Act, demonstrating reasonable doubt regarding the alleged loan and financial circumstances.
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.
The presumption of liability under the NI Act is rebuttable, and the burden of proof lies on the complainant to establish the existence of a legally enforceable debt.
The presumption under Section 139 of the N.I. Act is rebuttable, and the burden lies on the accused to raise a probable defense regarding the existence of a legally enforceable debt, which must be su....
The presumption under Section 139 of the Negotiable Instruments Act regarding the issuance of a cheque for a legally enforceable debt is significant; an accused must substantiate any rebuttal with cr....
Dishonour of cheque – Appeal against acquittal – Presumption under Section 139 read with Section 118 of NI Act is essentially based on pure common sense – Statement of accused under Section 313 Cr.P.....
The statutory presumptions under Sections 118 and 139 NI Act can be rebutted by the accused through evidence demonstrating non-existence of legal debt or liability, relying on preponderance of probab....
The main legal point established in the judgment is the rebuttable presumption under Section 139 NI Act and the burden of proof on the accused to rebut the presumption of discharge of debt or liabili....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
