LAWS(BOM)-2018-12-139

AMOL Vs. STATE OF MAHARASHTRA

Decided On December 22, 2018
Amol Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The present revision is against the judgment of Judicial Magistrate First Class which was confirmed by the Additional Sessions Judge, Nagpur.

(2.) The fact in dispute in short is as under :-

(3.) Heard learned counsel Shri Shelat for the applicant/ accused. (The applicant is hereinafter referred to as 'accused') Learned counsel Shri Shelat has pointed evidence of complainant. It is submitted that evidence of complainant shows that he is doing money lending business. He has not produced any accounts book to show the loan transaction. Learned trial Court has wrongly recorded its finding that accused has not discharged his burden in respect of presumption under Section 139 of the Negotiable Instruments Act. Learned counsel Shri Shelat has submitted that there is no need for the accused to adduce evidence. He may discharge his burden on the basis of materials already brought on record. In support of his submission, he pointed out following decisions.