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M. K. THAKKER
Dhruvaben Bhaveshkumar Mehta – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The present revision application is filed under section 397 read with section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) challenging the legality, validity and propriety of the judgment and order dated 28.09.2011 and 25.06.2015 passed by the learned Additional Chief Judicial Magistrate and learned 6th Additional District and Sessions Judge, Mahesana in Criminal Case No. 890 of 2010 and Criminal Appeal No. 125 of 2011 below Exh.46 respectively whereby, the appellate court had dismissed the Criminal Appeal no. 125 of 2011 confirming the judgment and order dated 28.09.2011 passed by the learned trial court convicting the present petitioner- original accused for offence punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the “N.I.Act”) and order to undergo sentence of simple imprisonment of one year along with fine of Rs.10,000/- and in default, simple imprisonment of further period of three months was imposed.
2. The facts of the case is that the respondent no. 2 had filed private complaint under section 138 of the N.I.Act for the dishonouring of the cheque of Rs.10,60,000/- being Criminal
The main legal point established in the judgment is that for an offence under Section 138 of the N.I.Act, there should be a legally enforceable debt or other liability subsisting on the date of drawa....
Revisional jurisdiction limited to perversity; presumption under Sections 118/139 NI Act on cheque admission; security cheque liable if debt subsists; unclaimed notice deemed served; post-dishonour r....
A mandatory presumption applies in dishonour cases under Section 138 of the Negotiable Instruments Act, requiring the accused to provide evidence to rebut the lawful liability for which a cheque was ....
Insufficient funds for a cheque issued to discharge a lawful liability establishes an offence under Section 138 of the Negotiable Instruments Act, which includes a statutory presumption that must be ....
Admission of cheque signatures triggers presumption of debt under NI Act ss.118/139, rebuttable only by accused evidence; security cheques attract s.138 liability if debt subsists; revisional jurisdi....
A cheque issued as security can be subjected to Section 138 liabilities; presumption under Section 139 requires the accused to establish a probable defence for avoidance of conviction.
Cheques issued in discharge of a lawful liability create a presumption of guilt under Section 138, which the accused must rebut to avoid conviction.
Presumption under Sections 118/139 NI Act not rebutted by unsubstantiated security cheque claim; such cheques enforceable under Section 138 on dishonour for insufficient funds if liability undischarg....
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