Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
Mohammed Yakub S/o Usman – Appellant
Versus
Naveen Kambali S/o Narayan Kambali – Respondent
| Table of Content |
|---|
| 1. criminal revision petition background (Para 1 , 3) |
| 2. petitioner and respondent's arguments (Para 4 , 5) |
| 3. court analysis of evidence and defenses (Para 6 , 7 , 8 , 9) |
| 4. affirmation of trial court's sentence (Para 10) |
| 5. withdrawal of deposited amount by complainant (Para 11) |
ORDER :
1. This Criminal revision petition under Section 397 read with Section 401 of Cr.PC is filed assailing the judgment and order of conviction and sentence passed by the Court of 8th JMFC at Mangalore in C.C.No.463/2017 dated 20.01.2020, confirmed in Criminal Appeal No.27/2020 dated 03.02.2021 by the Court of Principal District and Sessions Judge, D.K. Mangaluru.
2. Heard the learned counsel for the parties.
3. Respondent herein had initiated proceedings against the petitioner for offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (in short 'N.I. Act') in C.C.No.463/2017. It is the case of the respondent/complainant that petitioner had borrowed a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) and towards repayment of the said amount, he had issued cheque bearing No.967462 dated 15.09.2016 drawn on Canara Bank, Valencia Branch, Mangaluru, Dakshina Kannada
The presumption of guilt under Section 139 of the Negotiable Instruments Act requires the accused to present credible evidence to rebut it; a failure to do so leads to affirmation of conviction.
The presumption of issuance of a cheque for a legally recoverable debt under Section 139 of the N.I. Act can only be rebutted by the accused through credible evidence, which the petitioner failed to ....
The main legal point established in the judgment is the validity of the conviction under Section 138 of the N.I.Act based on evidence of borrowal of money, issuance of cheque, and service of notice.
The provisions of Section 138 of the Negotiable Instruments Act apply when issued cheques are dishonored due to insufficient funds, thus reinforcing the legal obligation of repayment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
