When Police Search Both The Bag And The Body, Section 50 NDPS Cannot Be Bypassed: Supreme Court Settles The Boundaries Of A Critical Safeguard Police Cannot Offer A Third Option During NDPS Search: Supreme Court Upholds Acquittal In 11 Kg Charas Case, Holds Section 50 Violation Vitiates Entire Trial Supreme Court Holds Employer Group Insurance Has No Connection With Accidental Death, Cannot Be Set Off Against Motor Accident Compensation Graduating Shouldn't Be A Punishment: Supreme Court Restores Rights Of Anganwadi Workers Denied Supervisor Posts For Being Over-Qualified Trustee Who Diverts Sale Proceeds of Charitable Trust Is an 'Agent' Under Section 409 IPC, Not Exempt From Criminal Breach of Trust: Bombay High Court AFGIS Is 'State' Under Article 12: Supreme Court Reverses Delhi High Court, Restores Writ Petitions of Air Force Insurance Society Employees Delhi High Court Issues Landmark Directions Against Repeated Summoning of Child Victims, Insistence on Presence During Bail Hearings In POCSO 'Accidental Injury' in Hospital Records, All Eye-Witnesses Hostile: Gujarat High Court Acquits Men Convicted for Culpable Homicide After 35 Years Medical Condition Alone Cannot Dilute the Statutory Embargo Under Section 37 NDPS Act: Himachal Pradesh High Court Pre-emption Cannot Wait for Registration When Possession Has Already Changed Hands: Punjab & Haryana High Court Strikes Down Time-Barred Claim Listing a Case for Evidence Is Not Commencement of Trial: Madhya Pradesh High Court Allows Amendment of Plaint in Insurance Dispute Forgery Accused Cannot Be Declared 'Proclaimed Offender': Punjab and Haryana High Court Draws Critical Distinction Between 'Proclaimed Person' and 'Proclaimed Offender' A Two-Line Ex Parte Judgment Is No Judgment In The Eye Of Law: Madras High Court Declares Decree Inexecutable What Was Not Claimed Then Cannot Be Claimed Now: Calcutta High Court Applies Constructive Res Judicata to Bar Second Partition Suit Unregistered Family Settlement Creates No Rights in Immovable Property: Delhi High Court Rejects Brother's Ownership Claim Police Must Protect Lawful Possession When Civil Court Decree Is Defied: Kerala High Court Upholds Purchase Certificate Holder’s Rights Over Alleged Temple Claim One Mark Short, No Right to Appointment: Patna High Court Dismisses Engineer's Claim to Vacancies Left by Non-Joining Candidates Bombay High Court Binds MCA to Arbitration as "Veritable Party" in T20 League Dispute Silence in the Witness Box Can Sink Your Case: ‘Non-Examination Leads to Presumption Against Party’ — Andhra Pradesh High Court Sale Deed Holder With Registered Title Prevails Over Claimant Under Mere Agreement To Sell: Karnataka High Court Candidate With 'Third Child' Disqualification Cannot Escape Consequence By Avoiding Cross-Examination: Supreme Court

Failure to Prove Return of Defective Goods and Failure to Stop Payment Establish Liability Under Section 138 NI Act: Delhi High Court

07 May 2024 8:19 AM

By: Admin


The Delhi High Court has upheld the conviction of Rajesh Kumar Jain under Section 138 of the Negotiable Instruments Act, 1881, for the dishonour of a cheque amounting to Rs. 5,26,785/-. The petitioner was sentenced to four months of simple imprisonment and fined Rs. 8,50,000/-, with the fine amount directed to be paid to the respondent, J.C. Trading.

The case involved a criminal revision petition challenging the judgment of the Special Judge (NDPS), Central District, Tis Hazari Courts, Delhi, which upheld the conviction and sentence imposed by the trial court. The petitioner issued a cheque dated September 9, 2014, which was dishonoured due to insufficient funds. The cheque was issued for payment of goods received from the respondent. Despite receiving a legal notice, the petitioner failed to make the payment, leading to the initiation of proceedings under Section 138 of the NI Act.

Admission of Cheque Signature: The petitioner admitted to signing the cheque but claimed it was filled out by clerical staff and issued for defective goods that were returned.

Legal Notice and Presumption of Service: The trial court presumed the service of the legal notice under Section 27 of the General Clauses Act, as it was dispatched to the petitioner’s address and returned undelivered.

Failure to Prove Return of Goods: The petitioner failed to substantiate the claim of returning the defective goods. No evidence, such as the examination of the transporter, was provided to support this defence.

Rebuttable Presumption Under Section 139 NI Act: The court reiterated that once the cheque’s execution is admitted, a presumption arises that it was issued for a legally enforceable debt or liability. The petitioner did not effectively rebut this presumption.

Distinction from Advance Payment Cases: The court distinguished this case from those where cheques are issued as advance payments for undelivered goods, noting that in the present case, the goods were received and no prior objection to their quality was raised.

Decision: The High Court found no perversity or jurisdictional error in the concurrent findings of the trial and appellate courts. The revision petition was dismissed, upholding the conviction and sentence.

Date of Decision: May 14, 2024

Rajesh Kumar Jain vs. J.C. Trading

Latest Legal News