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V. SRISHANANDA
D. B. Jatti, S/o Late B. D. Jatti – Appellant
Versus
Naraindas Bodaram, S/O Late Bodaram – Respondent
ORDER :
V Srishananda, J.
Heard Sri.Chethan A. C., learned counsel for the revision petitioner. None present on behalf of the respondent.
2. The present revision petition is filed by the revision petitioner challenging the order of conviction and sentence passed in CC NO.17696/2013 dated 07.11.2017 on the file of XX Additional Chief Metropolitan Magistrate, Bengaluru which was confirmed in Criminal Appeal No.1693/2017 dated 31.05.2021 on the file of LXIX Additional City Civil and Sessions Judge, Bengaluru (CCH 70) for the offence punishable under Section 138 of the Negotiable Instruments Act.
3. Brief facts of the case which are utmost necessary for disposal of the revision petition are as under:
3.1. Respondent launched a criminal prosecution against the revision petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act by contending that accused approached the complainant for hand loan in a sum of Rs.15,00,000/- during January 2006 with an assurance to repay the same.
3.2. Towards repayment, accused passed on cheque bearing No.217882 dated 04.01.2006 drawn on Oriental Bank of Commerce, Sadashivnagar Branch, Bengalore. The said cheque on presentation came
A cheque issued for a loan is enforceable under Section 138 unless effectively rebutted, even if the lender lacks a money lending license.
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....
The main legal point established in the judgment is the successful rebuttal of the presumption of a legally enforceable debt under Section 139 of the Negotiable Instruments Act, leading to the failur....
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.
Loan - Dishonoured of Cheque - Mere ipse dixit of petitioner and statement in defence under S. 313 Cr.P.C without any material does not rebut presumption cast on petitioner under Section 139 of N.I. ....
Point of Law : Jurisdiction is one of supervisory jurisdiction exercised by High Court for correcting miscarriage of justice.
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