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M. G. UMA
Crescent Steels – Appellant
Versus
Model Infra Corporation Pvt. Ltd. – Respondent
JUDGMENT
1. The accused in CC No.548/2017 on the file of the learned XXV Additional Chief Metropolitan Magistrate at Bengaluru (hereinafter referred to as 'the trial Court' for brevity), is impugning the judgment of conviction and order of sentence dtd. 18/1/2019, convicting him for the offence punishable under Sec. 138 of Negotiable Instrument Act ('NI Act' for short) and sentencing to pay fine of Rs.6, 50, 000.00 and in default, to undergo simple imprisonment for one year, which was confirmed in Crl.A.No.346/2019 on the file of the learned LXII Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as 'the First Appellate Court' for brevity) vide judgment dtd. 12/10/2021.
2. Brief facts of the case are that, the complainant represented by its authorized representative, filed the private complaint in PCR No.15289/2015 against the accused alleging commission of offence punishable under Sec. 138 of NI Act. It is alleged that the complainant- company engaged in the business of supplying fabrication to various industries. Accused No.1 is the proprietary concern and accused No.2 is its proprietor. The complainant was in need of steel plates used as raw materials in
The dishonour of a cheque under Section 138 of the Negotiable Instruments Act constitutes a criminal offence, and the burden of proof lies on the accused to provide a valid defence against the allega....
The failure of the complainant to tender for further cross-examination led to the discarding of his evidence, which invalidated the judgments of conviction.
Criminal Law - Dishonoured of Cheque - Appeal against conviction - Petitioner in this case, did not raise any probable defence which would create doubts in mind of Court. Court find no reason to inte....
NI Act s.139 presumption rebutted by evidence of prior unpaid loans, pending litigations, and improbability of further advance; revisional jurisdiction under CrPC s.397 limited to perversity or ignor....
Material alteration of a negotiable instrument renders it void as per Sec. 87 of the N.I. Act.
Under Section 138 of the Negotiable Instruments Act, a dishonoured cheque establishes a presumption of liability that the accused must rebut; mere denial is insufficient in the absence of evidence.
The presumption under Section 139 of the NI Act applies unless substantively rebutted, and any alteration in the cheque must be proven materially by the accused.
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