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S. VISHWAJITH SHETTY
T. G. Ramamurthy – Appellant
Versus
Ramanjinappa – Respondent
JUDGMENT/ORDER
1. This criminal revision petition is filed by the accused challenging the judgment and order of conviction and sentence dtd. 7/5/2014 passed by the XVIII Addl. Chief Metropolitan Magistrate, Bengaluru, in C.C.No.28496/2000 and the judgment and order dtd. 23/12/2014 passed by the Fast Track Court-V, Bengaluru, in Crl.A.No.558/2014.
2. Heard the learned Counsel for the parties and also perused the material available on record.
3. Facts leading to filing of this revision petition narrated briefly are, the respondent-complainant had filed a private complaint against the petitioner under Sec. 200 Cr.PC for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'), contending that the petitioner had borrowed a sum of Rs.2, 25, 000.00 from the respondent for the purpose of constructing a building. Towards discharge of the said amount of Rs.2, 25, 000.00, the petitioner had issued a cheque on 11/10/1999 in favour of the respondent for the aforesaid amount of Rs.2, 25, 000.00, and on presentation of the said cheque for realization, the same was dishonoured with a banker's endorsement 'funds insufficient'. The complainant, thereafter,
The presumption under Sec. 139 of the Negotiable Instruments Act holds unless rebutted with a probable defense, leading to liability under Sec. 138.
Failure to rebut the presumption under Section 139 of the N.I. Act and lack of presenting a probable defense can lead to conviction under Section 138 of the N.I. Act.
The main legal point established in the judgment is the presumption under Sec. 139 of the Negotiable Instruments Act, which holds the drawer of a dishonored cheque liable unless rebutted.
Dishonoured of cheque - Preponderance of probabilities - Trial Court has disbelieved evidence brought by applicant side and held that presumption that is available under Section 139 of Act, 1881, has....
The presumption of issuance of a cheque for a legally recoverable debt under Section 139 of the N.I. Act can only be rebutted by the accused through credible evidence, which the petitioner failed to ....
The main legal point established is that once the signature and execution of a cheque are admitted, there is a presumption under Section 139 of the Negotiable Instruments Act that the cheque was issu....
The central legal point established in the judgment is the burden of proof on the accused to rebut the presumption under Sec. 139 of the NI Act, 1881 in cases of dishonour of cheques.
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