Back
S. VISHWAJITH SHETTY
R. Premkumar – Appellant
Versus
Ramesh Chand Bafna – Respondent
JUDGMENT/ORDER
1. This criminal revision petition is filed by the accused challenging the judgment and order of conviction and sentence dtd. 4/3/2016 passed by the Court of XX Addl. Chief Metropolitan Magistrate, Bengaluru, in C.C.No.5975/2013 and the judgment and order dtd. 10/4/2017 passed by the Court of XLVIII Addl. City Civil & Sessions Judge, Bengaluru, in Crl.A.No.365/2016.
2. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.
3. During the pendency of this revision petition, the original petitioner/accused had died and his sons have come on record as his legal representatives.
4. The original petitioner was charged for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act') before the Trial Court. The respondent/complainant had filed a private complaint against the original petitioner under Sec. 200 Cr.PC alleging that the petitioner had borrowed a sum of Rs.2, 80, 000.00 from him towards his financial necessities on 21/8/2012 and towards repayment of the said amount, he had issued a cheque bearing No.199572 dtd. 26/12/2012 drawn on State Bank of India, Jayanagar Branch, Bengaluru and the said
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.
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.
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 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.
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....
Issuing cheques in discharge of an existing liability, which are subsequently dishonoured, constitutes an offence under Section 138 of the Negotiable Instruments Act. The jurisdiction of the court in....
Revisional court upholds Sec.138 NI Act conviction unless lower court findings perverse or unreasonable; presumption under Sec.139 unrebutted.
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
