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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SHIVASHANKAR AMARANNAVAR
M. Ramesha S/o Gante Muniyappa – Appellant
Versus
G.V. Ashwathanarayana Reddy, S/o Late Venkata Reddy – Respondent
ORDER :
SHIVASHANKAR AMARANNAVAR, J.
1. This revision petition is directed against the judgment dated 13.01.2016 passed in Crl.A. No. 42/2015 by II Additional District and Sessions Judge, Chikkaballapura (sitting at Chintamani) where under the judgment of conviction dated 13.05.2015 passed in C.C. No. 103/2011 by Additional Civil Judge and JMFC, Chintamani convicting the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the N.I. Act) has been affirmed.
2. Heard learned counsel for petitioner – accused and learned counsel for respondent – complainant.
3. Case of the respondent - complainant is that the petitioner - accused had borrowed hand loan of Rs.1,00,000/- for his family and other legal necessities in the second week of January 2010 before the witnesses, namely. Sri. Rajanna, Sri. L.A. Maregowda, Sri. C. Vasudev and Sri. Shaik Hussain and agreed to repay within 3 months and accordingly the respondent - complainant requested the petitioner - accused for repayment of the said hand loan. The petitioner - accused gave cheque dated 10.04.2010 bearing No. 578613 for Rs.1,00,000/- drawn on State Bank of India, Yelahanka Ne
The presumption of issuance of a cheque in discharge of a debt under Section 139 of the N.I. Act is rebuttable, placing the burden on the accused to prove otherwise, with convictions upheld when the ....
The court held that under Section 139 of the Negotiable Instruments Act, the accused bears the burden to rebut the presumption that a cheque was issued for a valid debt, which he failed to do.
Presumption under Section 139 of the Negotiable Instruments Act is rebuttable; if rebutted, the burden of proof shifts to the complainant to establish borrowing.
The conviction under Section 138 of the N.I. Act is justified when the accused fails to rebut the statutory presumption of cheque issuance for discharging a debt, shifting the evidential burden there....
Under the Negotiable Instruments Act, issuance of a cheque creates a presumption of a legally enforceable debt, and the burden lies on the accused to disprove this, which was not done.
The presumption under Section 139 of the Negotiable Instruments Act favors the complainant, requiring the accused to rebut the presumption of debt, which he failed to do.
The presumption of cheque issuance under Section 139 of the Negotiable Instruments Act shifts the evidential burden to the accused, who must rebut it to avoid conviction.
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....
Presumptions under Sections 118(a) and 139 NI Act arise on implicit admission of cheque issuance via cross-examination; accused must rebut with evidence, not mere denial; revisional jurisdiction limi....
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