Skip to main content
Court Order

Order 15

CNR DLCT02010812202423 Jul 2026
Tis Hazari, CMM Court
delhi · Delhi (DL)
Back to Case

Full Order Text

Order 15 · 23 Jul 2026 · CNR DLCT020108122024

Order Details: COPY OF JUDGMENT
Pdf Text: CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-1-
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
NI ACT-04, DISTRICT CENTRAL, TIS HAZARI COURT, DELHI
Presided over by: Mr. Danveer
CC No.: CC NI ACT/4731/2024
Unique Case ID No.: DLCT020108122024
In the matter of:
Mr. Surender Kumar Jain,
S/o Mr. Kailash Chand Jain,
R/o 3C/34, 3rd Floor,
New Rohtak Road,
New Delhi-110005.
…Complainant
Versus
Mr. Vikas Agarwal,
Proprietor : M/s J.K. International,
47, Mahila Colony,
Gandhi Nagar, Delhi-110031.
Also at :
Mr. Vikas Agarwal,
S/o Mr. Arjun Lal Agarwal,
R/o House No.13,
Rajpur Road, Delhi-110054.
…Accused
-- 1 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-2-
Date of institution 	26.04.2024
Offence complained 	Sec. 138 Negotiable Instruments Act, 1881
Plea of Accused (Guilty/Not guilty) 	Not guilty
Date of filing 	06-04-2024
Date of decision 	23.07.2026
Method of trial 	Summons
Final order (Conviction/Acquittal) 	Conviction
Offences proved (if any) 	Sec. 138 NI Act
TABLE OF CONTENTS
Table of Contents
BRIEF FACTS OF THE CASE .............................................................................................................................. 3
TABLE OF EVIDENCE ON RECORD ................................................................................................................... 4
COMPLAINANT EVIDENCE.............................................................................................................................. 5
STATEMENT OF ACCUSED ............................................................................................................................... 5
DEFENCE EVIDENCE ....................................................................................................................................... 6
FINAL ARGUMENTS ....................................................................................................................................... 6
LAW ON THE POINT ....................................................................................................................................... 8
INGREDIENT(S) IN DISPUTE ............................................................................................................................ 9
FINDINGS ON APPLYING THE LAW TO THE PRESENT FACTS ........................................................................... 10
Law as to existence of legally enforceable debt/other liability.. ................................................................10
Examina;on of the facts of the present case.. ...........................................................................................11
FINAL DECISION ........................................................................................................................................... 17
-- 2 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-3-
JUDGMENT
BRIEF FACTS OF THE CASE
1. The version of the complainant is that the complainant is a businessman
having a cloth business and the accused is also dealing in clothes related
business. It is averred that the complainant and the accused shared good
friendly 	relations 	and 	in 	September 	2021, 	the 	accused 	approached 	the
complainant at his shop and requested a financial assistance of ₹5 lakhs for a
short time period. As per the complainant, he advanced a sum of ₹5 lakhs as a
friendly loan to the accused and a promissory note was also executed by the
accused for the same. The case of the complainant is that the said loan was for
a period of six months, and that it was not repaid within the stipulated period.
The case of the complainant is that despite the repeated requests of the
complainant, the friendly loan was not repaid by the accused and finally in the
month of December 2023, the accused issued a cheque in discharge of the
liability of friendly loan, bearing cheque number 110309 dated 30.01.2024, in
the sum of ₹5 lakhs, drawn on UCO bank (hereinafter referred to as, the
‘cheque-in-question’). The complainant then states to have presented the
cheque-in-question for payment, but the same was returned by his banker as
dishonoured with the remarks ‘Account closed’. Thereafter, the complainant
states that he served a legal demand notice on the accused calling on him to
pay the amount of the cheque-in-question. The case of the complainant is that
the same was not paid within 15 days of the receipt/deemed receipt of the said
demand notice by the accused, and hence, the present complaint came to be
filed alleging the commission of offence under Sec. 138 of the Negotiable
Instruments Act, 1881 (hereinafter referred to as, the ‘NI Act’).
2. When the accused entered appearance, substance of accusations was stated to
him, to which he pleaded ‘not guilty’. He stated that he does not know the
complainant and have never met him prior to the present case. Further, that
-- 3 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-4-
the cheque in question bears his signatures, but the other particular have not
been filled by him. Further, that the cheque-in-question was given by him in
the year 2014 to one Mr. Swadesh Bhatia, who was an agent in the
Gandhinagar cloth market. The accused further stated that he has already made
payment to the said agent and he does not owe any liability to the complainant.
Further, that he has been falsely implicated it in the present case. The accused
also stated that he had received the legal demand notice from the complainant
and had duly replied to the same through his counsel. It was also stated by the
accused that in the year 2014, he had closed his business and cleared the dues
of persons and the said agent had told him that he would return his cheque to
him, but the same has not been returned by him.
TABLE OF EVIDENCE ON RECORD
3. In compliance to the pronouncement of the Hon’ble Supreme Court of India
in “Manojbhai Jethabhai Parmar (Rohit) Vs. State Of Gujarat (2025 INSC
1433)”, the table of evidence of the case is as follows:
Witnesses
Sr.
No.
Witness
Identification
number
Name of the witness 	Description
1. 	CW-1 	Mr. Surender Kumar Jain 	Complainant
2. 	DW-1 	ASI 	Mr. 	Sanjeev 	Kumar,
New Security Line, PS Bapu
Dham
Official witness from
police
3. 	DW-2 	Mr. 	Uttam 	Singh, 	Senior
Manager, 	Gandhi 	Nagar,
East Delhi Branch
Official witness from
bank
Documents
-- 4 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-5-
Sr. No. 	Document Identification number 	Proved by
1. 	Ex. CW-1/1 (OSR) (Promissory note) 	CW-1
2. 	Ex. CW-1/2 (Cheque-in-question) 	CW-1
3. 	Ex. CW-1/3 (Bank return memo) 	CW-1
4. 	Ex. CW-1/4 (Legal demand notice) 	CW-1
5. 	Ex. CW-1/5 and Ex. CW-1/6 (Postal receipt) 	CW-1
6. 	Ex. CW-1/7 (Tracking report) 	CW-1
7. 	Ex. DW-1/1 (Colly.) (Copy of the destruction
order)
DW-1
8. 	Ex. DW-1/2 (Copy of GD Entry) 	DW-1
9. 	Ex. DW-2/1 (Account statement of account no.
256802100002209)
DW-2
10. 	Ex. DW-2/2 (Record of cheque no. 110310) 	DW-2
COMPLAINANT EVIDENCE
4. The complainant became a witness for his case (as CW-1) and submitted his
evidence by way of affidavit. The same is examination-in-chief of the said
witness as per Sec. 145 NI Act. Also, the same is a permitted exercise for the
complainant witnesses as explained by the Hon’ble Supreme Court of India in
“In Re : Expeditious Trial of Cases Under Section 138 of N.I. Act, 1881”1.
STATEMENT OF ACCUSED
5. All the incriminating evidence was put to the accused and his statement under
Sec. 313 r/w Sec. 281 of the Cr.P.C was recorded. As per the accused, he does
not know the complainant and has never met him before the present case.
Further, that he had not taken any loan of ₹5 lakhs from the complainant.
Further, that the promissory note was given as security to Mr. Swadesh Bhatia
in the year 2013, along with the cheque in question. Further, that the
1 (2021) 16 SCC 116.
-- 5 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-6-
complainant had harassed him in the year 2020 against which, he had also
filed a police complaint. The accused further stated that he had closed his firm
and bank account in the year 2013 itself and he does not owe the liability of
the amount mentioned on the cheque in question.
DEFENCE EVIDENCE
6. The matter was then listed for defence evidence. The defence got examined
two witnesses.
FINAL ARGUMENTS
7. Ld. Counsel for Complainant contended that:
7.1. The complainant has presumptions in his favour under section 139 and
section 118 of the NI Act. Further, that the onus to rebut them is on the
accused which he has failed to do so.
7.2. The claim of the complainant is based on a document Ex. CW1/1. Further,
that the accused has admitted the signatures on the cheque in question.
7.3. The accused has stated that he had replied to the legal demand notice, but
no such reply has been placed on record by him. It is contended that the
accused has spoken a lie before the court at the time of framing of notice.
7.4. The accused has not been able to prove any defence. In particular, it is
submitted that the accused has not been able to prove the purpose for
which the cheque in question was given as alleged security to Mr. Swadesh
Bhatia.
7.5. The accused has not examined Mr. Swadesh Bhatia as a defence witness
and hence, the defence of security cheque has not been proven.
7.6. The accused has taken contradictory stands. Reference in this context is
firstly made to the statement of the accused at the time of framing of notice
that he does not know the complainant. Further, that the same stand was
repeated at the time of cross-examination of the complainant witness CW-
-- 6 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-7-
1. On the other side, reference is made to the statement of the accused
under Section 351 BNSS Where he had stated that he had filed a police
complaint against the complainant for an incident in the year 2020. It is
contended that the contradictory stands of the accused show that he has
taken a false defence which does not exist and that he is not reliable.
7.7. The defence witnesses, DW-1 and DW-2, do not prove any defence.
7.8. The case of the complainant has remained consistent and no infirmity has
been brought out from the testimony of CW-1.
8. Per contra, Ld. Counsel for accused submitted that the complainant has failed
to prove their case and that the accused has been able to rebut the statutory
presumptions, and hence, prayed for an order of acquittal. It has been
contended that:
8.1. The accused had filed a complaint against the complainant before the
Delhi police in the year 2020 and the record of the same has been
destroyed by the police after it became old. It is contended that the GD
entry brought by DW-1 which is on record as exhibit DW-1/2 proves that
such a complaint was filed.
8.2. The accused has been able to prove that he had closed his account in the
year 2014 itself. It is submitted that the cheque in question was presented
in the year 2024 and at that time, the account of the accused on which the
cheque in question has been drawn was already closed and hence, a case
under Section 138 NI Act cannot be made out. Particularly, it is contended
that the reason of dishonour of the cheque in question, that is, ‘account
closed’, is not covered within the scope of Section 138 NI Act. Reference
in this context is made to the pronouncement of the Hon’ble High Court
of Kerala in “Joseph vs. Philip Joseph (Criminal A. No. 577/1995)”.
8.3. CW-1 has admitted that there was a police complaint between the parties.
It is argued that it is improbable that when such a history is present for the
-- 7 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-8-
parties where they were involved in a case before the police, that the
complainant would advance a friendly loan to the accused.
8.4. The complainant has not proven the source of funds.
8.5. DW-2 bank witness has proven that the cheque number ending with 310
was honoured in the year 2013/2014 itself and hence, it is improbable that
a cheque with the cheque number ending with 309, would be dealt in the
year 2024 as both these cheques belong to the same series.
9. In rebuttal, learned counsel for the complainant has contended that:
9.1. The account being closed is one of the circumstances covered within the
expanded scope of Section 138 NI act. Reference in this context is made
to the pronouncement of the honourable Supreme Court of India in “M/s
Laxmi Dyechem vs State Of Gujarat & Ors (2012 (13) SCC 375)”.
9.2. The financial capacity of the complainant was never challenged by the
defence during the trial.
9.3. It can never be said that the issuance of the cheque in question in the year
2024 is improbable. It is contended that the cheque in question was issued
by the accused and he has also admitted the signatures on the same. It is
contended that it is for the accused to answer as to how the same came to
be issued in the year 2024.
9.4. The accused has not stepped in the witness box, and hence, an adverse
inference be drawn against him.
LAW ON THE POINT
10. On a reading of the provisions of Section 138 NI Act it is clear that the
ingredients which are to be satisfied for making out a case under the provision
are :
(i) 	A person must have drawn a cheque 	on an account maintained by
them in a bank for payment of a certain amount of money to another
person from out of that account, and the same must have been
-- 8 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-9-
presented for payment within three months from the date on which
it is drawn or within the period of its validity, whichever is earlier;
(ii) 	The cheque was drawn by the drawer for discharge of any legally
enforceable debt or other liability;
(iii) 	The cheque is returned by the bank unpaid; either because of the
amount of money standing to the credit of the account is insufficient
to honour the cheque or that it exceeds the amount arranged to be
paid from that account by an agreement made with the bank;
(iv) 	the payee or the holder in due course of the cheque makes a demand
for the payment of the said amount of money by giving a notice in
writing, to the drawer of the cheque, within 30 days of the receipt of
information by him from the bank regarding the return of the cheque
as unpaid;
(v) 	the drawer of such cheque fails to make payment of the said amount
of money to the payee or the holder in due course of the cheque
within 15 days of the receipt of the said notice;
If the aforementioned ingredients are satisfied then the person who has
drawn 	the 	cheque 	shall 	be 	deemed 	to 	have 	committed 	an 	offence.
Reference in this context may be made, inter alia, to “Kusum Ingots &
Alloys Ltd. vs. Pennar Peterson Securities Ltd. & Ors. [(2000) 2 SCC
745]”.
INGREDIENT(S) IN DISPUTE
11. In the present case, there is no dispute with regard to the ingredients mentioned
at (i), (iii), (iv) and (v) above. This is because drawing of the cheque by the
accused and the presentation of the same by the complainant are not disputed.
Further, the return of the cheque as dishonoured by bank is not disputed
(reference in this context may be made to the bank returning memo, non-
-- 9 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-10-
disputing of the document by the accused and the provisions of Sec. 146 of
the NI Act). However, the scope of Sec. 138 NI Act and particularly, the ambit
of its coverage has been challenged by the accused.
12. Further, ingredient (iv) above also stands satisfied as the accused did not
dispute the service of the legal demand notice. Furthermore, the non-payment
in response to the legal demand notice is also not disputed, and hence,
ingredient (v) above also stands fulfilled.
13. The parties are at dispute in relation to ingredient (ii) above, i.e., the existence
of a legally enforceable debt or other liability. Further, there is a challenge to
the ambit of Sec. 138 NI Act insofar as the reason of dishonour is concerned.
FINDINGS 	ON APPLYING THE 	LAW TO THE 	PRESENT
FACTS
Law as to existence of legally enforceable debt/other liability..
14. The law on the point of existence of legally enforceable debt or other liability
is well settled. In this context, the provisions of Sec. 139 NI Act read with Sec.
118 (a) NI Act assume importance. Sec. 139 NI Act raises a presumption in
favour of the holder of the cheque that they received the cheque for the
discharge of any debt or other liability. Section 118 (a) NI Act raises a
presumption that a negotiable instrument (including a cheque) has been drawn
or made for consideration.
15. Both the provisions (Sec. 139 and 118 (a) NI Act) belong to the popular class
of ‘shall be presumed’ which is clearly defined in Sec. 4 of the Indian Evidence
Act, 18722. As per the said provision of the evidence law, the court has to
mandatorily presume a fact which is stated by any law to be ‘shall presumed’,
but the presumption is taken away if the contrary is proved. In this context,
2 Corresponding provision under Sec. 2(l) of the Bharatiya Sakshya Adhiniyam, 2023.
-- 10 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-11-
the accused may lift the presumption of existence of legally enforceable debt
or other liability in either of the two ways; by shaking the case of the
complainant in this respect or by leading positive defence evidence in the same
regard.
16. The law on the point of standard of proof applicable for the defence is also
well settled. Reference in this context may be made to the definition of
‘proved’ as per the evidence law3:
““proved”.—A fact is said to be proved when, after considering the
matters before it, the Court either believes it to exist, or considers its
existence 	so 	probable 	that 	a 	prudent 	man 	ought, 	under 	the
circumstances of the particular case, to act upon the supposition that
it exists;”
Further reference in the context of presumptions under NI Act, may be
made 	to 	the 	judgment 	of 	the 	Hon’ble 	Supreme 	Court 	of 	India 	in
“Mallavarapu Kasivisweswara Rao v. Thadikonda Ramulu Firm & Ors.,
2008 (8) SCALE 680”, which was relied on by the Hon’ble Supreme Court
of India in “Rangappa vs Sri Mohan (AIR 2010 SC 1898)”. In the said
judgments, it was held that the standard of proof for rebutting the
presumptions by the defence is that of preponderance of probabilities.
Whether in a case, the defence has been able to discharge that onus or not
is a question of fact, which has to be examined on case to case basis.
Examination of the facts of the present case..
17. The first examination is in the lines of finding out whether the defence has
been able to point out any major contradictions or infirmities in the case of the
complainant. Secondly, whether the defence has brought any defence evidence
3 Section 3 of The Indian Evidence Act, 1872/Section 2(j) of The Bharatiya Sakshya Adhiniyam, 2023.
-- 11 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-12-
on record to rebut the presumptions that exist in favour of the complainant and
to create a reasonable doubt in the case of the complainant.
18. The case of the complainant has been stated in the examination in chief by
way of affidavit of the complainant/CW1. The said witness has been cross
examined on behalf of the accused. In the cross-examination, questions were
put to the witness concerning, inter-alia, the aspects of the complainant
knowing the accused, filing of income tax returns by the complainant, a police
complaint filed by the complainant against the accused previously in P.S. Bara
Hindu Rao, the filling of particulars on the cheque in question, closure of the
bank account of the accused in the year 2013. Suggestions were also put to the
witness on multiple points, most of which were denied by the witness.
19. The primary contention raised by the defence is that the reason of dishonour
of the cheque in question is “account closed” and that the same is not covered
within the ambit of section 138 NI Act.
19.1. 	In the opinion of this court, this contention on part of the defence
ignores the force of the pronouncement of the Hon’ble Supreme Court
of India in “M/s Laxmi Dyechem vs State Of Gujarat & Ors (2012
(13) SCC 375)”, wherein it was observed that:
“…16. The above line of decisions leaves no room for holding that
the two contingencies envisaged under Section 138 of the Act must
be interpreted strictly or literally. We find ourselves in respectful
agreement with the decision in Magma case that the expression
"amount of money…is insufficient" appearing in Section 138 of
the Act is a genus and dishonour for reasons such "as account
closed", "payment stopped", "referred to the drawer" are only
species of that genus. Just as dishonour of a cheque on the ground
that the account has been closed is a dishonour falling in the first
contingency referred to in Section 138, so also dishonour on the
ground that the "signatures do not match" or that the "image is not
-- 12 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-13-
found", which too implies that the specimen signatures do not match
the signatures on the cheque would constitute a dishonour within the
meaning of Section 138 of the Act:…”
19.2. 	Accordingly, this contention of the defence is rejected as the dishonour
of a cheque for the reason ‘account closed’ is very well covered within
the scope of Sec. 138 NI Act.
19.3. 	In light of there being clear judgment of the Hon’ble Supreme Court of
India on this subject, the submission concerning there being a judgment
of the Hon’ble High Court of Kerala on this aspect need not be
examined.
20. The next contention raised by the defence is that the complainant did not have
the financial capacity to advance the loan and the source of funds has not been
proven by the complainant. In this context, the rebuttal submission of learned
counsel for the complainant has merit. During the trial, the financial capacity
of the complainant was never challenged by the accused. In the cross-
examination of CW-1, a question was put to CW-1 as to whether the loan in
question has been shown in the income tax returns of the complainant to which
he had responded that he has not so shown as the money belonged to his wife.
Thereafter, the only question put to CW-1 by the defence was as to what does
the wife of the complainant do. The said question in no way amounts to
challenging the financial capacity of the complainant. It is also relevant to
mention that due to the presumptions, the initial onus is on the accused and it
is not for the complainant to prove his financial capacity himself without there
being any challenge on the same by the defence.
21. Next contention raised by the accused is that the cheque in question was issued
to Mr. Swadesh Bhatia and not to the complainant and that he does not even
know the complainant.
21.1. In the opinion of this court, this defence has not been proved by the
accused. On the other hand, the material on record suggests otherwise. At
-- 13 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-14-
the time of framing of notice, the accused had stated that he does not know
the complainant and has never seen him before the filing of the present
case. Such a stand was also repeated at the time of statement of accused
under Section 351 BNSS. However, at a later stage of statement under
Section 351 BNSS, the accused himself stated that the complainant had
harassed him in the year 2020 against which, the accused had filed a police
complaint against the complainant. In this context, the defence also called
DW-1, a police official with the official record of GD entry bearing
number 92A. This transaction of a police complaint by the accused and
against the complainant, concerning the year 2020, is in conflict with the
stand that the complainant was not known to the accused prior to filing of
the present case. This is because the present case came to be filed only in
the year 2024.
21.2. Further, DW-1 stated that the record of the police complaint has been
destroyed as per the police rules. A copy of the GD entry was brought on
record as Ex. DW-1/2, as per which a complaint was filed by the accused.
However, the name of the person against whom the complaint was filed
remains unclear. Further, there is no the defence evidence to support any
such thing. Furthermore, it does not show as to what was the complaint
which was filed and the bearing that it has on the present case. Nothing is
shown which would connect the present facts to the said alleged complaint
and the bearing that it may have on the liability of the accused.
21.3. In light of the above, the fact of there being a previous police complaint
does not assume any relevance.
21.4. In this context, it is also relevant to mention that a police complaint was
also talked about by CW-1 in his cross-examination, which was stated by
him to have been settled on the basis of a compromise. In this context, it
is relevant to mention that the complainant/CW-1 was not thrown a doubt
through cross-examination on any of the aspects concerning the said
-- 14 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-15-
police 	complaint. The 	aspect 	of 	a 	compromise 	for 	the 	said 	police
complaint was stated by the complainant/CW-1. In that light, the argument
raised by the defence that due to there being a previous history of police
complaint, it is improbable that the present loan in question would be
advanced by the complainant, is rejected.
22. From the cross examination of CW-1, no major infirmity has been brought
out. From the cross examination itself, the presumptions have not been
rebutted and no reasonable doubt has been created in the case of the
complainant.
23. The next contention on behalf of the accused is that DW-2 was examined on
behalf of the defence. As per DW-2, the cheque bearing number 110310 was
used in the year 2014 itself. Further, that cheque bearing number 110308 was
not presented to the account of the accused. In light of these depositions of
DW-2, it is contended that it is improbable that the cheque in question bearing
cheque number 110309 would be used by the accused in the year 2024 as the
accused had used the other cheque of the same series bearing cheque number
110310 in 2014 itself. It is contended that the accused had closed his bank
account in the year 2014 itself and hence, the said cheque could not have been
used in the year 2024 by the accused.
23.1. In the opinion of this court, without any context, and any other material
on record, this aspect alone cannot wash away the effect of presumptions
that exist in favour of the complainant. It is not the case of the accused that
the cheque in question does not belong to his account or that it was not
issued from his account. That being so, it is for him to explain as to why
it was not deposited to the bank at the time of closing the bank account in
the year 2014 itself.
23.2. There is no legal aspect to be dealt in the contention that a cheque bearing
a particular number of a particular series cannot be used at a distant time
than another cheque of the same series. Such aspects remain in the
-- 15 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-16-
exclusive knowledge of the account holder or the person who handles the
cheque instruments from the account on which they are drawn. Without
any context or other material on record supporting such an inference, this
aspect alone cannot lead to any conclusion, even on the applicable
standard of proof for the defence.
23.3. Further, the bank witness DW-2 deposed that one other cheque of the same
series, bearing cheque number 110308 was never presented, however,
cheque bearing number 110310 was used in 2014. The present case
contains cheque bearing number 110309, and one cheque from the same
series bearing cheque number 110308 was also not used.
24. Before concluding the judgement, this court deems it appropriate to deal with
the remaining arguments of the parties.
24.1. It has been argued on behalf of the complainant that the accused is not
stepped into witness box as a defence witness and hence, an adverse
inference be drawn against him. This court does not agree with this
contention. It is for a party to decide as to how they wish to prove their
case and merely because the accused has not stepped in the witness box,
no adverse inference can be drawn against the accused. Reference in this
context may also be made to Sec. 353 (1) (b) BNSS, whereby a specific
prohibition against such an inference has been put.
24.2. It has been contended on behalf of the complainant that the accused has
not taken any steps to get examined Mr. Sarvesh Bhatia as a witness. It is
one of the relevant circumstances that a defence was taken by the accused
that the cheque in question was given to Mr. Swadesh Bhatia, however,
such a defence has not been proven. Further, it has also not been proven
as to how, for what purpose and in what circumstances the cheque-in-
question was given to the said person Mr. Swadesh Bhatia.
24.3. It is also one of the relevant circumstances that the accused had stated at
the time of framing of notice that he had duly replied to the legal demand
-- 16 of 17 --
CC No.: 4731/2024 	Surender Kumar Jain vs. Vikash Agarwal 	-17-
notice. However, no such copy has been brought on record. It has also not
been proven otherwise that he had replied to the legal demand notice.
25. This court concludes that the presumptions that existed in favour of the
complainant have remained unrebutted and no reasonable doubt has been
created in the story of the complainant. The case of the complainant has
remained unshaken. Further, the accused has taken contradictory stands none
of which have been proven as per evidence law.
FINAL DECISION
26. In light of the above, the accused ‘Mr. Vikash Agarwal’ is held guilty of the
offence under Sec. 138 NI Act in the present case.
27. The 	details of the office of DLSA, Central, THC have been annexed
separately.
Pronounced in open court.
Total Pages: 17 	(Danveer)
JMFC (NI Act)-04, Central, THC
23.07.2026
-- 17 of 17 --

TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.