Remedies against harassment by Recovery Agents
by: Adv. Kishan Dutt Kalaskar 2021-02-18 07:12:13
by: Adv. Kishan Dutt Kalaskar 2021-02-18 07:12:13
by: admin 2021-02-12 07:34:18
by: Admin 2021-02-04 07:13:42
by: Adv. Kishan Dutt Kalaskar 2021-02-03 11:47:51
by: Adv. Kishan Dutt Kalaskar 2021-01-25 14:10:26
by: Adv. Kishan Dutt Kalaskar 2021-01-14 12:43:56
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
Triloki Nath Singh V/s Anirudh Singh
Milmet Oftho & Ors. V/s Allergan Inc.
Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
The Maharashtra State Cooperative Bank Ltd V/s Babulal Lade & Ors.
Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
Rathnamma & Ors. V/s Sujathamma & Ors.
Ravinder Kaur Grewal V/s Manjit Kaur
Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
Commissioner of Income Tax V/s Chandra Sekhar
Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
Kailas & Ors. V/s State of Maharashtra
Sukhedu Das Vs Rita Mukherjee
Witness to a Will
National Insurance Co. Ltd V/s Hindustan Safety Glass Works
Mahalakshmi V/s Bala Venkatram (d) through LR & Anr.
Kajal V/s Jagdish Chand
Shyamal Kumar V/s Sushil Kumar Agarwal
NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
Is Registration Compulsory under Trademark and Copyright?
Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
A. Jayachandra V/s Aneelkaur
Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
Vasant Kumar V/s Vijaykumari
Personal Injury - Damages
Adultery under the Indian Law
United Commercial Bank & Anr. V/s Deepak Debbarma & others
Intentional Wrongs
Vinay Kumar Mittal & Others V/s Deewan Housing Financial Corporation Limited
How to get a Marriage Certificate?
Mohammed Siddique Vs National Insurance Company Ltd
Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
Real Estate scenario Post Covid-19
Post Covid-19 Digital Shift of Legal practise
Mutual Consent Divorce through Video Conferencing
59 Chinese Apps banned in India
Litigants and the Lockdown - A Court Perspective
Anticipatory Bail for cases under section 498A of IPC
Brand Protection in times of Covid-19
Title Verification of Immovable Property
The Judiciary during the Pandemic
Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
How does Covid-19 affect employers and employees?
Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
Police Interrogation
Prenuptial Agreements
Void and Voidable Contracts
The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
Hygiene maintenance in Hospitals and Clinics
Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
Importance of Consent
Faulty Machine Aids Medical Negligence
The Special Marriage Act, 1954
Top 2019 judgements by Supreme Court
National Medical Commission Act 2019
Money Laundering
Hindu Undivided Family (HUF)
Child Labour
Endorsement under Negotiable Instrument Act
Quashing of an FIR
Annulment of Marriage
Probate
FAQ's on Trademark
EMI - Equated Monthly Installments
Legal mistakes made by the Start-Up
What is a Stamp Paper?
Sexual Abuse in Shelter Homes
Debt Recovery provisions under the SARFAESI Act
Effective ways to stop Ragging
Transfer of Property Act
Personal Injury Lawyers
Marriage Registration under the Special Marriage Act
Rights of Tenant
Classification of various Collar Jobs
Documents to be submitted for ITR Filing
Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
Dissolution of Marriage - Christian
Noting And Protest
Hostile Witness
Unfair Trade Practice
All you need to know: Drafting a Legal Notice
Fraudulent and unauthorized transactions at ATM
Is legal documentation important in medical practice?
Why do doctors need to be updated with medical negligence laws?
Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
Does telephonic consultations amount to culpable negligence?
Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
Why less Indemnity cover is risky for Doctors?
Procedure for filing a Notice in India
Format of Legal Notices in India
Citizenship Amendment Act, 2019
Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
Family Courts in India
Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
Regulations for firecrackers during Diwali
Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
Can the Indian Constitution be Amended?
Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
More about Contested Divorce
Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
More about Joint Venture
Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
Supreme Court of India
Case No. - 728 /2015
Facts of the Case
This appeal arose out of judgment given by the high court of Karnataka order dated 22/07/2011 of criminal revision through which the court quashed the judgment given by the two subordinate courts and acquitted the respondent.
The origin of this litigation can be traced, from the case where an appeal under section 138 of the negotiable instruments act, 1881 before then magistrate at Bangalore. After the trial, it was held that the defendant was guilty and sentenced her to pay a fine of Rs. 5,55,000/- and in default of payment of the pending amount and as well as undergo imprisonment for a term of five months.
This order was further challenged in the appeal made in the fast track court but, the same was also dismissed by the court. Therefore, the defendant preferred a criminal revision before the high court based on the judgment given by both the subordinate courts, as a criminal revision petition. Under this case, the defendant is the distributor of films, the above two parties had a business relationship under which the defendant provided movies to the complainant for screening at his theatre. In May 2006, the defendant took a loan of Rs. Five lakhs from the complainant. The defendant had promised to return the loan after the release of the movie.
However, as a result, the defendant failed to return the loan amount on the decided date. On continuous request by the complainant, the defendant paid rupees five lakhs. The complainant deposited the cheque on the very same day through his bank, however, the bank returned the cheque on 18/01/2007 along with the remarks of the bank to stop payment. Therefore, after this incident, the complainant issued a legal notice to the defendant. Even after the notice was served the defendant did not pay nor responded to the court in the said matter. Under this case, she is the only lender to distribute films which is controlled and managed by her husband. She has denied taking a loan from the complainant as claimed by him. According to the defendant, she never visited the place of the complainant and never borrowed the money also. The defendant claimed that the films had some differences with the complainant in the year 2006, over the release of the film. The defendant’s husband had denied to release the film in the complainant’s theatre, stating that when the other Kannada movie was released, a sensitive matter could be raised. The alleged cheque was given to the complainant in the year 1999 as a security amount against the loan, at that time. After the defendant paid the loan, the complainant did not return the cheque stating that the cheque was lost. The defendant alleged that due to the ill will of the complainant, he used the old cheque to take revenge against the defendant’s firm.
Thus, the trial court found the defendant guilty under section 188 of Negotiable Instruments Act and ordered her to pay a fine of Rs.5,55,000/- in default of the payment that was due and she was also sentenced to simple imprisonment for five months. The first appellant court found that even though the defendant disputed with regards to the said transactions, they never fought with respect to the signature that was on the cheque. The judge of the fast track court found out that there was no evidence to prove that the cheque was issued in the year 1999. The judge also noted that there was no suggestion put forward to the defendant for the loan taken in 1999 or given to him in the form of security. Further, the court relied upon the presumptions that were laid down in favour of the complainant under section 139 of the act and the defendant had failed to rebut the statement or the presumption. The court also rejected the claim that was given by the defendant that they were not in Bangalore on the alleged date when the loan was given to them. They had produced few hotel bills for the dates that was mentioned during the proceedings and they do not offer any proof with respect to their presence in Bangalore. According to the proof’s given by the defendant the court concluded that the defendant’s side did not have any weight under this case.
The High Court in this appeal reversed the order made by the fast track court and the session’s court. The court found that in this case the complainant did not give any proof that the offence was done under section 138 of the negotiable instruments act.
Therefore, the party has preferred the appeal before the apex court.
Issues of the Case
Judgment
Thus, under this present case, since the cheque along with the signature of the defendant was accepted by the accused respondent, the terms and conditions of section 139 would apply in this matter. The burden of proving the act was on the appellant under this and to prove the liability. However, it was noted that the cheque was dishonoured because the payment was put on hold by the bank and not for any other reason that was laid down by the appellant. This also implied that the accused or the defendant also had the knowledge cheque being submitted to the bank. Therefore, it was seen that the story that was given by the defendant or the respondent was unworthy in all aspects and evidence was also not given to the court to support the same.
The apex court further added that the high court mainly relied on the date that was printed in the evidence. Thus, in light of the evidence laid down by the partied in this matter it cannot be concluded that the cheque was issued in the year 1999. The defendant or the respondent did not bring any evidence to prove the debt that had taken place in the year 1999 between them or to disapprove the loan borrowed in the year 2006.
Thus, the court held that the high court committed a mistake by laying the burden of proof on the complainant under this case. According to Section 139, the burden of proof was on the respondent who had failed to discharge the same. Therefore, the court finds merit in this case.
The Supreme Court of India, quashed the order laid down by the high court in this regard and allowed the appeal for further hearing, and afterwards, convicted the respondent for an offence under Section 138 of the act and sentenced her to pay a fine of Rs. 5, 55,000/- as well as sentenced her simple imprisonment of five months and the judgment given by the fast track court had been reestablished by the supreme court judge.
Comment
Share