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S VISHWAJITH SHETTY
M. Shashikala – Appellant
Versus
S. Wilfred – Respondent
ORDER
1. This Criminal Revision Petition under Section 397 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') has been filed by the petitioner challenging the judgment and order of conviction and sentence passed by the Court of XIV Addl. C.M.M, Bengaluru (for short the 'Trial Court) in C.C.No.27573/2012 dated 13.03.2014 and the judgment and order passed by the FTC-3, Mayo Hall Unit, Bengaluru (for short the 'Appellate Court') in Crl.A.No.25055/2014 dated 22.08.2014.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.
3. Brief facts as revealed from the records that would be necessary for the purpose of disposal of this revision petition are, the respondent - complainant had filed a private complaint before the Trial Court under Section 200 of Cr.P.C., against the petitioner herein for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short, the 'N.I. Act') alleging that the petitioner had borrowed a sum of Rs.3,00,000/- from the respondent for the purpose of business and towards repayment of the same, she had issued a cheque bearing no.475809 dated 01.08.2012 in favour of the respondent for Rs.3,00,000/-. Th
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 presumption under Sec. 139 of the Negotiable Instruments Act holds unless rebutted with a probable defense, leading to liability under Sec. 138.
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 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....
Presumption under Sections 118 and 139 of N.I. Act and the debtor and creditor relationship were central to the court's decision.
A signed blank cheque, validly handed over by the accused, attracts the presumption under Section 139 of the Negotiable Instruments Act, unless the accused provides evidence to the contrary. The burd....
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