M. G. SEWLIKAR
Radhyesham Ganeshlal Dhoot – Appellant
Versus
Vishnukumar Bansilal Kalantri – Respondent
JUDGMENT
1. The applicant was convicted by the learned Judicial Magistrate, First Class, Latur, District Latur, by her order dtd. 9/5/2014, thereby, convicting the applicant under Sec. 138 of the Negotiable Instruments Act (for short "N.I.Act') and sentenced to suffer Simple Imprisonment for six months and the applicant was directed to pay amount of Rs.6,00,000.00 to respondent No. 1, within a period of three months, as compensation under Sec. 357 (3) of the Code of Criminal Procedure (for short "Cr.P.C.').
2. The applicant has preferred appeals against the said conviction and sentence bearing Criminal Appeal No. 92 of 2014. The learned Additional Sessions Judge, Latur dismissed the appeal and passed the judgment and order dtd. 11/7/2016. This order is impugned in these revisions.
3. At the outset, it needs to be mentioned here that the applicant had issued nine cheques. Against dis-honour of these cheques, nine complaints were filed by complainant. The learned Magistrate disposed of all these complaints by one judgment. The learned appellate Court has also followed the same course. The applicant has preferred nine revisions and they can be disposed of by Criminal Revision No. 163 o
Presumption under Sec. 139 of the N.I. Act and the validity of the M.O.U. were central to the court's decision.
The main legal point established in the judgment is the application of the presumption under Section 139 of the Negotiable Instruments Act and the importance of proving the contrary to rebut the pres....
[The judgment establishes that cheques issued in discharge of a liability are enforceable under Section 138 of the Negotiable Instruments Act, and the proper service of statutory notice is crucial fo....
High Courts, in the exercise of revisional jurisdiction, should not interfere with concurrent findings of fact by trial and appellate courts unless there is clear evidence of perversity or jurisdicti....
Cheques issued under Section 138 of the NI Act create a presumption of legally enforceable liability, which the accused must rebut with credible evidence.
The main legal point established in the judgment is the importance of proving the dishonor of a cheque due to insufficient funds, the presumption of the cheque being issued against a debt, and the ad....
Dishonour of cheque – If cheque is drawn not on account maintained by accused but by some other person, same will not attract provisions of Section 138 of NI Act.
Power of attorney holder with direct knowledge can testify; cheque endorsement for collection not transfer, upholding Section 138 NI Act prosecution.
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