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CALCUTTA HIGH COURT
JUSTICE, J
Amit Jhunjhunwala – Appellant
Versus
Jugal Kishore Sadani – Respondent
| Table of Content |
|---|
| 1. overview of two revisional applications challenging convictions under the negotiable instruments act. (Para 1 , 2 , 4) |
| 2. discussion on burden of proof and statutory presumption under the negotiable instruments act. (Para 5 , 6 , 19 , 24) |
| 3. arguments surrounding the rebuttal of the presumption of legally enforceable debt. (Para 7 , 8 , 14 , 15) |
| 4. interpretation and application of presumption under section 139 of the n.i. act. (Para 18 , 21 , 27) |
| 5. final conclusion substantiating the appellate court's conviction. (Para 29 , 30 , 31) |
1. These two revisional applications, CRR 678 of 2022 and CRR 679 of 2022, filed under Section 482 of the Code of Criminal Procedure, 1973 ( Cr.P.C ), challenge the judgments dated February 4, 2022, rendered by the Learned 2nd Fast Track Court, Judge, City Sessions, Calcutta. These judgments convicted the petitioner, Amit Jhunjhunwala, under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act), overturning his earlier acquittals by the Learned 15th Metropolitan Magistrate, Calcutta.
Notably, both appellate orders imposed a fine of Rs. 4,30,000/-, with a default sentence of six months simple imprisonment. Given that both cases
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