Early Times Report
JAMMU, Aug 3: Additional Sessions Judge, Jammu, Ritesh Kumar Dubey has dismissed the appeal filed by Jagdish Singh against his conviction under Section 138 of the Negotiable Instruments Act, thereby upholding the one-year simple imprisonment and Rs 4 lakh compensation awarded by the Trial Court. The appeal stemmed from a dispute between Jagdish Singh of Satrayan, R.S. Pura, and complainant Harbans Singh of Simbal Camp, also in R.S. Pura. Harbans Singh had accused the appellant of issuing three cheques-amounting to Rs 7 lakh-which were dishonoured due to insufficient funds.
Jagdish Singh contended that the cheques were issued as blank security cheques when he took a loan, which he claimed to have fully repaid in monthly installments totalling Rs 16.38 lakh. He argued that Harbans Singh misused the security cheques even after repayment, filing criminal complaints with the intent to blackmail.
However, after detailed deliberation, the Sessions Court ruled that the accused failed to rebut the legal presumption under Section 139 of the NI Act regarding the enforceability of the debt. The Court found no credible evidence of repayment, such as receipts, and termed the defence arguments "contradictory and unsubstantiated."
Citing several Supreme Court judgments, the Court rejected claims that Harbans Singh, being a Class IV government employee, lacked financial capacity to advance the loan, and dismissed arguments about lack of income tax disclosure weakening the complainant's case.
Additional Sessions Judge Ritesh Kumar Dubey, who presided over the matter, concluded that the defence failed to provide sufficient ground to reverse the conviction. "This appeal is without merit and is accordingly dismissed," the judgment read.
The Court ordered that Jagdish Singh be taken into custody immediately to serve his sentence, and vacated the interim bail granted during the appeal. It further directed that a copy of the judgment be furnished to the jail superintendent and the trial court for further necessary action. (JNF) |
