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V SRINIVAS
Mamidibattula Suguna – Appellant
Versus
Ganjala Purnachandra Rao – Respondent
ORDER :
V Srinivas, J.
Assailing the judgment dated 11.02.2009 in Crl.A.No.141 of 2007 on the file of the Court of learned X Additional Sessions Judge, Krishna at Machilipatnam, confirming the conviction and sentence imposed by the judgment dated 23.10.2007 in C.C.No.632 of 2004 on the file of the Court of learned II Additional Judicial Magistrate of First Class at Machilipatnam, 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 12.02.2009 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl.R.C.M.P.No.260 of 2009.
3. The shorn of necessary facts are that:
ii). On repeated demands, accused issued Ex.P.1 cheque bearing No.803066, dated 28.08.2004 for Rs.76,000/- drawn on Vysya
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 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 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 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 a legally enforceable debt under Sections 138 and 139 of the N.I. Act is strong and requires evidence to the contrary by the accused, which was not provided.
Criminal Law - Dishonoured of Cheque - Appeal against conviction - Petitioner in this case, did not raise any probable defence which would create doubts in mind of Court. Court find no reason to inte....
The main legal point established is the significance of the presumption under Sec. 139 of the N.I. Act and the accused's burden to raise a probable defence to rebut the presumption.
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.
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