G H M/S. SHREE DANESHWARI TRADERS versus SANJAY JAIN AND ANOTHER

G H M/S. SHREE DANESHWARI TRADERS versus SANJAY JAIN AND ANOTHER

The oral and documentary evidence adduced by the complainant are sufficient to prove the existence of a legally enforceable debt for which the cheques were issued. The statutory presumption under Section 139 was not rebutted by the respondent, and the acquittal by the courts below was erroneous.

Parties
Appellant Complainant: M/S. Shree Daneshwari Traders; Respondent Accused: Sanjay Jain; Respondent: Another (not named)
Jurisdiction
India
Judgment Date
21 August 2019
Procedural Posture
Criminal Appeal / Final Decision on Appeal From High Court Judgment
Outcome
Appeal allowed; acquittal set aside; respondent convicted under Section 138.
Legal Topics
Negotiable Instruments Act, Dishonour of Cheque, Presumption Under Section 139
Criminal Law Negotiable Instruments Act Dishonour of Cheque Presumption Under Section 139

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Parties

M/S. Shree Daneshwari Traders

Appellant Complainant

Sanjay Jain

Respondent Accused

Another (not named)

Respondent

Procedural Posture

Criminal Appeal / Final Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the courts below were right in acquitting the respondent-accused under Section 138 for dishonour of cheques.
  2. 2 Whether the statutory presumption under Section 139 is rebutted by the respondent.

Ratio Decidendi

The oral and documentary evidence adduced by the complainant are sufficient to prove the existence of a legally enforceable debt for which the cheques were issued. The statutory presumption under Section 139 was not rebutted by the respondent, and the acquittal by the courts below was erroneous.

Court Disposition

Appeal allowed; acquittal set aside; respondent convicted under Section 138.

Orders

  • Impugned judgment of High Court set aside.
  • Respondent convicted under Section 138 in both complaints.