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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
S. S. Production – Appellant
Versus
Tr. Pavithran Prasanth – Respondent
| Table of Content |
|---|
| 1. overview of the case and loan details. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding enforceability of debt. (Para 6 , 7) |
| 3. court's analysis on proofs and presumption of debt. (Para 8 , 9 , 10 , 11 , 12) |
| 4. conclusion of dismissal of petitions. (Para 13 , 14) |
| 5. final orders and implications on the sentences. (Para 15 , 16) |
JUDGMENT :
Ahsanuddin Amanullah, J.
Delay condoned.
2. The present petition assails the common Final Judgment and Order dated 15.06.2023 in Crl. R. C. Nos.394-396, 403 & 406 of 2020 (hereinafter referred to as the ‘Impugned Order’) passed by the High Court of Judicature at Madras (hereinafter referred to as the ‘High Court’), whereby the five Criminal Revision cases filed by the petitioners were dismissed and the conviction and sentence, as awarded by separate Judgments and Orders dated 31.10.2017 passed by the Metropolitan Magistrate (Fast Track Court III), Saidapet, Chennai (hereinafter referred to as the ‘Trial Court’) in C.C. Nos.137-141 of 2016 and confirmed by separate Judgments and Orders dated 31.10.2019 passed by the VII Additional Sessions Judge, City Civil Court, Chennai (hereinafter referred to as the ‘First Appellate Court’) in Crl. A. Nos
The presumption of debt validity under Section 138 obligates the accused to provide evidence to rebut it, shifting the burden of proof to them when the complainant's claims remain unchallenged.
Dishonour of cheque – As soon as complainant discharges burden to prove that instrument was issued by accused for discharge of debt, presumptive device under Section 139 of Act helps shifting burden ....
Dishonour of cheque – Onus is not on complainant at threshold to prove his capacity/financial wherewithal – Only if objection is raised that complainant was not in a financial position to pay amount ....
(1) Dishonour of cheque – Proceedings under Section 138 of N.I. Act are quasi-criminal in nature and principles which apply to acquittal in other criminal cases are not applicable in cases instituted....
The presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the burden of proof lies on the accused to provide a probable defense.
The main legal point established in the judgment is the rebuttable nature of the presumption in favor of the holder of a cheque under Sections 118 and 139 of the N.I. Act, emphasizing the burden of p....
The main legal point established in the judgment is that the presumption under Section 139 of the Negotiable Instruments Act is rebuttable, and the burden lies on the accused to raise a probable defe....
The presumption of consideration under Section 139 of the N.I. Act shifts the burden to the accused to prove non-existence of debt, which was not done in this case.
Dishonour of cheques – Non-existence of any enforceable debt or other liability strikes at root of prosecution case.
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