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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VENKATESH NAIK T.
Rajanna @ Nanjundegowda S/o Boregowda – Appellant
Versus
Mallesha K.N. S/o Nanjegowda – Respondent
ORDER :
1. Though the matter is listed for 'Admission', with the consent of the learned counsel for both parties, the matter is taken up for 'Hearing'.
2. Heard Sri Rajaram Sooryambail, learned counsel for the petitioner, and Sri Raju S., learned counsel for the respondent.
3. The petitioner-accused has preferred this criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') praying to set aside the judgment of conviction and order on sentence dated 27.12.2021 passed by the Additional Civil Judge and Judicial Magistrate First Class, at Channarayapatna, Hassan, in Criminal Case No.1574 of 2017 and judgment dated 25.10.2022 passed by the IV Additional District and Sessions Judge, Hassan, Sitting at Channarayapatna, in Criminal Appeal No.2 of 2022, wherein both the Courts passed concurrent findings against the petitioner/accused and convicted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'N.I. Act', for short).
4. For the sake of convenience, the parties herein are referred to as per their rankings before the trial Court. The petitioner is
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.
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 is the significance of the presumption under Sec. 139 of the N.I. Act and the accused's burden to raise a probable defence to rebut the presumption.
Failure to raise probable defence sustains presumptions under Sections 118 & 139 NI Act regarding cheque for lawful debt; revisional court upholds concurrent conviction absent miscarriage of justice.....
Presumption under NI Act ss.118,139 rebuttable on preponderance of probabilities by probable defence; accused's unproved allegation of cheque amount misuse fails rebuttal. Revision jurisdiction limit....
The statutory presumption under Section 139 of the Negotiable Instruments Act applies when the accused fails to raise a probable defense or contest the existence of a legally enforceable debt or liab....
Dishonoured cheque attracts presumption of lawful debt under NI Act unless rebutted by accused on preponderance of probabilities; failure justifies conviction even for security cheque with subsisting....
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