Seema Devi v. Manju Handa
Case brief
What is this about?
The High Court refused leave to appeal under Section 378(4) Cr.P.C. against an acquittal in a cheque dishonour case. The Court found the acquittal correct as the presumption under Section 139 of the Negotiable Instruments Act was duly rebutted by evidence.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
107
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.A-179-MA of 2014 (O&M) Date of decision: October 20, 2016
Seema Devi Ahuja
...Applicant
Versus
Manju Handa
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Sanjeev Roy, Advocate for Mr.I.P.S.Doabia, Advocate for the applicant.
INDERJIT SINGH, J.
Applicant-Seema Devi Ahuja has filed this application under Section 378(4) Cr.P.C. seeking permission for leave to appeal against respondent Manju Handa, challenging the impugned judgment dated 02.12.2013 passed by learned Judicial Magistrate Ist Class, Faridabad, vide which the accused-respondent was acquitted.
Issues for consideration
2 issues framed by the court
Whether leave to appeal under Section 378(4) Cr.P.C. should be granted against an acquittal in a cheque dishonour case.
Whether the findings of the learned Judicial Magistrate are perverse or against the evidence on record.
Parties & counsel
- applicant
Seema Devi Ahuja
- respondent
Manju Handa
Coram
INDERJIT SINGH
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · October
- Registered
- Case no.
- CRM-A/179/2014
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