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Presumption under Section 139 of the Negotiable Instruments Act, 1881, includes a presumption that there exists a legally enforceable debt or liability. However, the presumption under Section 139 of the N.I. Act is rebuttable and it is open to the accused to raise a defence wherein the existence of a legally enforceable debt or liability can be contested. The Supreme Court bench noted that the Appellant was entitled to the benefit of presumption under Section 139 of the N.I. Act. Thereupon, the High Court will consider the evidence and the material on record to decide whether th...
Jain P. Jose v. Santosh and Another
November 10, 2022
REED 2022 SC 11008
The present appeal has been preferred against the order of acquittal passed by the learned Additional Sessions Judge, in connection with Criminal Appeal, wherein the Appellate Court reversed the order of conviction and sentence passed by the learned Judicial Magistrate under Section 138 of the Negotiable Instruments Act, 1881.
The complainant/appellant filed a complaint before the learned ACJM alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act against the accused/respondent. The allegations made in the petition of complaint were ...
Subrata Bose v. Mithu Ghosh
November 7, 2022
REED 2022 Cal 11003
In the present case the Application was filed to condone delay of 424 days in preferring the Appeal against Order of DRT-I, Chennai.
Main reasons assigned for delay of 424 days can be divided into two parts; first part was prior to COVID-19 pandemic, and second part was after COVID-19 pandemic. From date of receipt of Order to date of filing Appeal, if the period was divided into two parts, roughly 224 days will fall under first category i.e., prior to COVID-19 pandemic, and around 200 days would fall under the second category, i.e. after COVID-19 pandemic. If there was sufficie...
Canara Bank v. Coromandel Indag Products India Limited and Others