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G. A. SANAP
Dilip Keshav Narule – Appellant
Versus
Kavita Madhukar Arjunkar (dead) – Respondent
JUDGMENT :
1. Heard.
2. RULE. Rule made returnable forthwith. Heard finally by consent of learned advocates for the parties.
3. In this revision application, challenge is to the judgment and order dated 19.05.2022, passed by the learned Sessions Judge, Gadchiroli, whereby the learned Sessions Judge dismissed the appeal filed by the applicant challenging his conviction and sentence awarded by the learned Judicial Magistrate First Class, Gadchiroli for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (For short ‘N.I. Act’). Learned Judicial Magistrate First Class, Gadchiroli, vide order dated 16.02.2017/17.02.2017, had convicted the applicant for the offence punishable under Section 138 of the N.I. Act and sentenced him to suffer rigorous imprisonment for three months and to pay fine of Rs.35,00,000/- (Rs. Thirty Five Lacs Only) and in default of payment of fine to further undergo rigorous imprisonment for 20 days.
4. In this order, for the purpose of convenience, the parties would be referred by their nomenclature in the complaint. The applicant was accused and the respondent- late Smt Kavita Madhukar Arjunkar was the complainant. According to the complai
The issuance of a cheque and acknowledgment of the debt are sufficient to invoke the presumption of liability under the N.I. Act, and the burden lies on the accused to rebut this presumption with cre....
NI Act s.139 presumption rebutted by evidence of prior unpaid loans, pending litigations, and improbability of further advance; revisional jurisdiction under CrPC s.397 limited to perversity or ignor....
The main legal point established in the judgment is the presumption under Section-139 of the N.I. Act and the burden of proof on the accused to rebut the presumption.
The presumption of consideration and debt under Sec. 118 and 139 of the N.I. Act places the burden on the accused to disprove the existence of a debt once the cheque is admitted, and the complainant'....
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....
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