- Merely Pleading Not Guilty Not Sufficient To Rebut . . . - Verdictum
Respondent no 1, the Director of Naina Packing Private Limited (respondent no 2), issued a cheque as part of payment, but it bounced due to insufficient funds After repeated requests and a legal demand notice, the appellant filed a complaint under Section 138 of the NI Act
- AMIT JAIN v. SANJEEV KUMAR SINGH ANR. , Delhi High Court, Judgment . . .
The High Court determined that the Trial Court erred in its analysis and application of the law, particularly regarding the presumption under Section 139 of the NI Act
- Acquittal Based on Denial Alone Was Set Aside as Admission of . . . - Taxmann
The High Court held that the presumption under Section 139 of the Negotiable Instruments Act arises when cheque signatures are admitted, and mere denial by the accused cannot rebut it, setting aside the Trial Court's acquittal
- Presumption under Section 139 read with Section 118 of the NI Act is . . .
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- Hdfc Bank Limited vs Amit Kumar Singh on 22 May, 2009
As long as the complaint contained the basic fact regarding the mode and manner of issuance of notice to the drawer of cheque, the court should hold that the requirement of Section 138 NI Act was satisfied and consequently cognizance should be taken of the offence
- Presumption under Section 139 NI Act Cannot Be Rebutted by Mere Denials . . .
Following this, Amit Jain took legal action against Sanjeev Kumar Singh by filing a complaint under Section 138 of the NI Act However, the Trial Court, after reviewing the case, acquitted the respondents, leading Amit Jain to appeal to the Delhi High Court
- Amit Jain vs Sanjeev Kumar Singh Anr. on 16 August, 2024
This Court is of the view that Trial Court erred in their analysis and conclusion Respondent accused having admitted the signature on the cheque, the presumption under Sections 118 (a) and 139, NI Act had come into effect
- IN THE HIGH COURT OF DELHI AT NEW DELHI * I
Impugned Order 10 Trial Court took note of the respective submissions, discussed the essential ingredients in order to constitute an offence under Section 138 NI Act, and observed as follows – firstly, accused respondent admitted the signature on the cheque, and thus, presumption under Sections 118
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