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RAMACHANDRA D. HUDDAR
Vittal Kumar – Appellant
Versus
N. P. Chandran – Respondent
ORDER
1. Appellant being accused before the Trial Court in C.C.No.551/2008 on the file of JMFC V Court, Mangalore, being aggrieved by the Judgment of his conviction and sentence in the said case as per the Judgment dated 10.10.2011 and the said Judgment of conviction and sentence being affirmed by the I Addl. Dist. and Sessions Judge, D.K. Mangalore, in Crl. A. No.194/2011 dated 01.01.2014, has preferred this revision under Section 397 read with section 401 of Cr.P.C.
2. For the purpose of convenience, I refer the parties as per their rank before the Trial Court.
3. Brief relevant facts up to this revision are as under:
That complainant being respondent in this revision, filed a private complaint in P.C. No.2922/2007 before the JMFC, V Court, Mangaluru for the offence punishable under Section 138 of the N.I. Act, against the revision petitioner. It is alleged in the complaint that accused issued a cheque bearing No.464596 dated 29.10.2007 drawn on Oriental Bank of Commerce, Balmatta Road, Mangalore for Rs.85,000/- in favour of the complainant. Towards repayment of the amount due to the complainant. The said cheque was presented by the complainant for encashment through his banker, but
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....
(1) Revisional jurisdiction – Limited power under revisional jurisdiction is to do justice in accordance with principles of criminal jurisprudence and it would not be appropriate for High Court to re....
Signature admission on cheque raises presumption of debt under NI Act; accused must rebut by preponderance even if blank security cheque; revisional jurisdiction limited, upholds concurrent findings ....
Admission of cheque triggers presumption of debt under NI Act Sections 118(a), 139; security cheques attract Section 138 if liability exists; rebuttal by preponderance needed, not mere denial; revisi....
Signature admission on cheque triggers Sections 118(a),139 NI Act presumption of debt discharge; accused must rebut by evidence, mere denial insufficient; revisional jurisdiction limited, no interfer....
Admission of cheque signature raises NI Act presumptions of debt discharge (ss.118(a),139); accused must rebut with evidence, not mere denial. Security/blank signed cheques attract s.138 liability de....
The presumption of consideration under Sections 118 and 139 of the Negotiable Instruments Act applies once a cheque's issuance is admitted, shifting the burden to the accused to rebut this presumptio....
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.
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