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RAMACHANDRA D. HUDDAR
Varavinayak Ventures – Appellant
Versus
Rajesh Sharma – Respondent
JUDGMENT
1. Appellants/accused Nos.1 to 5 have preferred this petition under Sec. 397 of Cr.P.C., challenging the judgment of conviction and sentence passed against them by the XX Additional Chief Metropolitan Magistrate, Bengaluru in C.C. No.173/2013 for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'N.I. Act', for brevity) and affirmed by the LVIII Additional City Civil and Sessions Judge (CCH -59), Bengaluru in Criminal Appeal No.472/2015 dtd. 6/2/2019.
2. Parties to this appeal are referred to as per their rank before the Trial Court. Brief facts of the case are as under:
3. The respondent complainant filed a private complaint against the accused persons alleging that, complainant and one Shri. B.P. Ramesh were the partners of a partnership firm and were running a hotel under the name and style of 'M/s. Sonakshi Nati Hallimane'. Because of various reasons and financial constraints, they decided to stop their restaurant business and wanted to sell the same. Accordingly, accused Nos.1 to 5 being the partners of 'M/s. Vara Vinayak Ventures' have agreed to purchase the business set up of 'M/s. Sonakshi Nati Hallimane' s
Revisional jurisdiction limited to perversity; unregistered firm competent for s138 NI Act complaint; ss118/139 presumptions arise on cheque admission, rebuttable by evidence; subsequent payments do ....
The arraignment of a company as an accused is a condition precedent for its prosecution, and the presumption of debt or legally enforceable liability can be rebutted by the defense.
The presumption of cheque issuance for a legally enforceable debt under Section 138 of the N.I. Act was not rebutted by the accused, leading to conviction.
The main legal point established in the judgment is that retirement from a partnership firm subsequent to the issuance of a cheque does not exonerate the partners who had given the cheque when they w....
[The judgment establishes that cheques issued in discharge of a liability are enforceable under Section 138 of the Negotiable Instruments Act, and the proper service of statutory notice is crucial fo....
Cheques issued under Section 138 of the NI Act create a presumption of legally enforceable liability, which the accused must rebut with credible evidence.
The presumption under Section 139 of the Negotiable Instruments Act mandates that once a cheque's execution is admitted, it is presumed to be issued for discharging a debt, which the accused must reb....
Once execution of a cheque is admitted, the presumption under Section 139 of the Negotiable Instruments Act arises, and the burden shifts to the accused to rebut the existence of a legally enforceabl....
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