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RAJENDRA BADAMIKAR
D. B. Jatti, S/o. Late Dr. B. D. Jatti – Appellant
Versus
Jamnadas Devidas, Proprietor Lalchand K. Chhabria – Respondent
ORDER :
This revision is filed by the petitioner challenging the concurrent findings of judgment of conviction and order of sentence dated 30.11.2016 passed by the 2nd Additional Small Causes Court and 18th Additional CMM, Bengaluru, in C.C. No.48039/2010 and confirmed by the 64th Additional City Civil and Sessions Judge, Bengaluru in Criminal Appeal No.1509/2016 vide order dated 02.05.2019.
2. For the sake of convenience, the parties herein are referred with their original ranks occupied by them before the trial Court.
3. The brief factual matrix leading to the case are that, the complainant has lodged a complaint under Section 200 of Cr.P.C. against the accused/revision petitioner herein for the offence punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (‘N.I. Act’ for short). It is the contention of the complainant that for the purpose of running business of M/s. Jatti Projects Inc., which is a proprietary firm, the accused has borrowed a sum of Rs.10.00 Lakhs by executing On-demand Promissory Note on 19.04.2007 and he has also agreed to repay the same with interest as and when demanded. It is also alleged that the said amount was paid by the complainant
Dishonour of cheque – Accused has to rebut presumption available in favour of complainant.
Material alteration of a negotiable instrument renders it void as per Sec. 87 of the N.I. Act.
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 in cheque's payee account number without drawer's consent or authentication renders it void under Section 87 NI Act; complainant bears burden to explain; rebuts presumptions under....
The presumption under Section 139 of the NI Act applies unless substantively rebutted, and any alteration in the cheque must be proven materially by the accused.
The main legal point established in the judgment is that the presumption under Section 139 of the N.I. Act can be rebutted by showing doubts about the existence of a legally enforceable debt, such as....
The main legal point established in the judgment is the onus on the accused to raise a probable defense and the requirements for rebutting the presumption under Section 139 of the Negotiable Instrume....
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