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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Not Provided, Not Provided
PRAKASH KUMAR – Appellant
Versus
CHHAGANLAL VERMA – Respondent
| Table of Content |
|---|
| 1. appeal against acquittal in cheque dishonor case. (Para 1 , 2 , 3) |
| 2. legal presumption under ni act discussed. (Para 4 , 5) |
| 3. rebuttal of presumption and burden of proof. (Para 6 , 7 , 8) |
| 4. court's findings on evidence and acquittal. (Para 9 , 10) |
| 5. final dismissal of appeal. (Para 11) |
1. This appeal has been preferred against the judgment of acquittal dated 06.08.2024 passed by the Chief Judicial Magistrate, Balodabazar, District Balodabazar Bhatapara in Criminal Case No.56/2022, whereby, the respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, the “NI Act”).
2. As per complaint, the complainant and respondent/accused were acquainted to each other. The accused has taken a cash loan of Rs.5,50,000/- from the complainant/appellant for domestic work in the year 2018 and promised to return the amount within one year, however, he has not paid the same within the said period. After several efforts made by the complainant, the accused given cheque of Rs.5,50,000/- on 15.09.2021. However, when the cheque was presented before the Bank for encashment, the same was returned dishonoured for want of insufficient f
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