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V. SRISHANANDA
A. M. Harish Gowda @ A. M. Harisha, S/o. Late Arasegowda – Appellant
Versus
Chaluvaraju H. S. S/o. Late Sanna Naika – Respondent
ORDER :
(V. Srishananda, J.)
Heard Sri Praveen Kumar K.S., learned counsel for the revision petitioner and Sri A Lourdu Mariyappa, learned counsel for the respondent.
2. Accused who has been convicted for the offence punishable under Section 138 of Negotiable Instruments Act (‘Act’ for short) in C.C.No.278/2016, dated 26.10.2016 on the file of Senior Civil Judge, K.R. Nagar, which was confirmed in Crl.A.No.218/2016, on the file of VIII Additional District and Sessions Judge, Mysuru, sitting at Hunsur, has preferred the present revision petition.
3. Facts in brief which are utmost necessary for disposal of the revision petition are as under:
A complaint came to be lodged by the respondent under Section 200 of Negotiable Instruments Act contending that on 25.03.2015, accused for his legal necessities borrowed a sum of Rs.2,00,000/-with a promise to repay the same within a short period of time and towards the repayment, issued a cheque bearing No.048182 in a sum of Rs.2,00,000/-drawn on Navanagara Urban Co-operative Bank Ltd., K.R. Nagar Branch, dated 29.04.2015, which on presentation came to be dishonored with an endorsement ‘Funds Insufficient.”
4. Legal notice as contemplated under t
The court clarified the presumption of liability under Section 138 of the Negotiable Instruments Act while limiting the fine to double the cheque amount.
It has been settled in law that the accused can either adduce independent evidence or rely on the evidence tendered by the complainant to rebut the presumptions.
The accused failed to rebut the presumption under the Negotiable Instruments Act regarding cheque dishonor, leading to conviction, while the fine imposed was deemed excessive and modified.
Presumption in favor of the holder of the cheque under Section 139 of the Negotiable Instruments Act.
The issuance of a bounced cheque towards a legally dischargeable debt constitutes an offense under Section 138 of the Negotiable Instruments Act. The presumption in favor of the complainant under Sec....
Point of law : NI Act – Dishonour of Cheque - Loss of cheque or cheque book while traveling in the bus and in the absence of explanation regarding the same, offence under Section 138 of the Negotiabl....
The court upheld the conviction under Section 138 of the N.I. Act, affirming that a cheque issued for a legally enforceable debt is valid despite a shorter notice period for payment.
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