RAJESH JAIN versus AJAY SINGH

RAJESH JAIN versus AJAY SINGH

Because the cheque issuance/signature was admitted and Section 139 presumption operated, the evidential burden lay on the accused who failed to discharge it; both courts below misdirected by placing the burden on the complainant, and on reappraisal the accused was convicted under Section 138 NI Act and sentenced as ordered.

Parties
Appellant Complainant: Rajesh Jain; Respondent Accused: Ajay Singh
Jurisdiction
India
Judgment Date
09 October 2023
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Judgment
Outcome
Appeal allowed; judgment of the High Court set aside; respondent-accused convicted under Section 138 NI Act
Legal Topics
Section 138 NI Act, Section 139 NI Act, Presumption of Law, Burden of Proof, Evidential Burden, Reverse Onus, Concurrent Findings
Criminal Law Negotiable Instruments Act Evidence Law Section 138 NI Act Section 139 NI Act Presumption of Law Burden of Proof Evidential Burden +2 more

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Parties

Rajesh Jain

Appellant Complainant

Ajay Singh

Respondent Accused

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Judgment

Legal Issues

  1. 1 Whether the accused discharged his evidential burden to rebut the presumption under Section 139 NI Act when signature on cheque was admitted
  2. 2 Whether the courts below erred in placing the burden of proof on the complainant after the presumption under Section 139 was attracted

Ratio Decidendi

Because the cheque issuance/signature was admitted and Section 139 presumption operated, the evidential burden lay on the accused who failed to discharge it; both courts below misdirected by placing the burden on the complainant, and on reappraisal the accused was convicted under Section 138 NI Act and sentenced as ordered.

Court Disposition

Appeal allowed; judgment of the High Court set aside; respondent-accused convicted under Section 138 NI Act

Orders

  • Set aside the judgment of the High Court of Punjab and Haryana at Chandigarh dated 01.02.2022 in CRM-A No.148 of 2020
  • Allow the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 and convict the respondent-accused