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V. R. K. KRUPA SAGAR
Nalam Traders – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. Distraught about the acquittal of the drawer of a cheque, this revision under Sections 397 read with Section 401 of Cr.P.C. is filed by payee of the cheque/complainant.
2. First respondent is the accused before the Courts below. Second respondent is State.
3. Alleging an offence under Section 138 of Negotiable Instrument Act (for short ‘N.I. Act’) this appellant originally filed a complaint and that was tried by the learned III-Metropolitan Magistrate, Vijayawada as C.C. No. 165 of 2005. After due trial, the sole accused was convicted and was sentenced to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 5,000/- with default sentence of simple imprisonment for two months prescribed for it.
4. The aggrieved accused preferred Criminal Appeal No. 235 of 2005. After due hearing, the learned VIII-Additional District and Sessions Judge (Fast Track Court), Vijayawada vide judgment dated 23.01.2007 found the accused not guilty and acquitted him by setting aside the judgment of the trial Court.
5. Against such judgment of acquittal this criminal revision is filed by the complainant.
6. Facts leading to the present revision are required to be noticed now:
(1) Revisional jurisdiction – Limited power under revisional jurisdiction is to do justice in accordance with principles of criminal jurisprudence and it would not be appropriate for High Court to re....
Point of law: Negotiable Instruments - when a cheque is issued for a valid consideration with no dispute regarding the signature, amount and name, it cannot be said that, putting a date on the cheque....
Material alteration of a negotiable instrument renders it void as per Sec. 87 of the N.I. Act.
A signed blank cheque, validly handed over by the accused, attracts the presumption under Section 139 of the Negotiable Instruments Act, unless the accused provides evidence to the contrary. The burd....
Admission of cheque signature raises NI Act presumptions of debt discharge (ss.118(a),139); accused must rebut with evidence, not mere denial. Security/blank signed cheques attract s.138 liability de....
The presumption of debt under Section 139 of the N.I. Act requires the accused to rebut the presumption to avoid conviction under Section 138.
The presumption favoring the complainant under Sections 118 and 139 of the NI Act remains unless disproven by the accused.
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