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V SRINIVAS
Uggina Apparao – Appellant
Versus
State Of A. P. – Respondent
ORDER :
V Srinivas, J.
Assailing the judgment dated 17.06.2009 in Crl.A.No.23 of 2007 on the file of the Court of learned I Additional Metropolitan Sessions Judge at Visakhapatnam, confirming the conviction and sentence passed against the accused by the judgment dated 08.02.2007 in C.C.No.193 of 2003 on the file of the Court of learned II Additional Chief Metropolitan Magistrate at Visakhapatnam, for the offence under section 138 of Negotiable Instruments Act (hereinafter referred to as “N.I. Act”), the petitioner/accused filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973.
2. The revision case was admitted on 23.06.2009 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl.R.C.M.P.No.1345 of 2009.
3. The shorn of necessary facts are that:
ii). Thereafter, even on the repe
The presumption of dishonor under Section 138 of the N.I. Act requires the accused to rebut the complainant's evidence, which was not done in this case.
The presumption of liability under Section 139 of the N.I. Act requires the accused to rebut the presumption once the issuance of the cheque is established.
The presumption of liability under Section 139 of the Negotiable Instruments Act requires the accused to provide credible evidence to rebut the claim of dishonor of a cheque.
The court confirmed that the burden of proof shifts to the accused to rebut the statutory presumptions once the complainant establishes a prima facie case under the N.I. Act.
The presumption of debt under the Negotiable Instruments Act favors the complainant, and the accused must rebut this presumption, which was not done in this case.
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 essential ingredients of Section 138 of the Negotiable Instruments Act are: (i) the existence of a legally enforceable debt; (ii) the issuance of a cheque towards discharge of such debt; (iii) th....
The statutory presumption of a legally enforceable debt under Sections 118 and 139 of the Negotiable Instruments Act applies once the foundational fact of borrowing is established, shifting the burde....
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