Smt. Kamlesh vs Shri Tejpal
Judges (1)
Counsel (3)
Parties (2)
Case Significance
Smt. Kamlesh vs Shri Tejpal is a Delhi High Court decision dated December 24, 2024 (citation: ik-191194918). The appellant challenged the acquittal of the respondent under Section 138 of the NI Act for a dishonoured cheque of Rs 6,40,000 issued as repayment of a friendly loan. The court granted leave to appeal and reversed the acquittal, holding that the respondent failed to rebut the statutory presumptions under Sections 118 and 139 of the NI Act. The respondent's defence that the cheque was conditionally issued pending a guarantor was unsupported by any written documentation. The case was heard by Justice Amit Mahajan. Counsel appearing: C.M. Grover (counsel for appellant), Payal Budhiraja (counsel for appellant), R.K. Burman (counsel for respondent).
Summary
The appellant challenged the acquittal of the respondent under Section 138 of the NI Act for a dishonoured cheque of Rs 6,40,000 issued as repayment of a friendly loan. The court granted leave to appeal and reversed the acquittal, holding that the respondent failed to rebut the statutory presumptions under Sections 118 and 139 of the NI Act. The respondent's defence that the cheque was conditionally issued pending a guarantor was unsupported by any written documentation.
What was the outcome of Smt. Kamlesh vs Shri Tejpal?
The appellant challenged the acquittal of the respondent under Section 138 of the NI Act for a dishonoured cheque of Rs 6,40,000 issued as repayment of a friendly loan. The court granted leave to appe...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-191194918)