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1 - 10 of 13 (0.20 seconds)The Bengal Money-Lenders Act, 1940
The Negotiable Instruments Act, 1881
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Samarendra Nath Das vs Supriyo Maitra on 16 December, 2005
18. On the basis of the oral and documentary evidence as mentioned above
the Magistrate at the first instance decided the complaint case being C-
4608 of 2005 in favour of the present appellant. The Magistrate firstly
held that according to the scheme of the Negotiable Instruments Act,
1881, the cheque dated June 30, 2005 was held by the present
appellant/complainant presumably (and that is a statutory presumption)
in due discharge of a legally enforceable debt. The Magistrate has found
that the accused persons were to rebut this presumption by adducing
sufficient evidence, which they had failed. So far as the applicability of
the provisions of Bengal Money Lenders Act, 1940 is concerned, by
referring on the decision of this Court in Samarandra Nath Das's case
(supra), he has held that the provisions of Bengal Money Lenders Act,
1940, have no manner of application in the present case, which is under
Section 138 of the Negotiable Instruments Act, 1881, a special statute to
proof a fiscal offence through the particular procedure as envisaged
under the same. The Magistrate has found the respondents/accused
persons guilty of the offence under Section 138 of the Negotiable
Instruments Act, 1881 and declared sentence.