Back
V. G. ARUN
Rajmohan – Appellant
Versus
Chandrika Shaji – Respondent
JUDGMENT :
The petitioner is the complainant in C.C. No.969 of 2008 of the Judicial First Class Magistrate Court-II, Kochi. The complaint was filed alleging commission of offence under Section 138 of the Negotiable Instruments Act by the first respondent. As per the averments in the complaint, the first respondent had borrowed an amount of Rs.4,00,000/-from the complainant and towards discharge of that liability, had issued a cheque for Rs.4,00,000/-drawn on the South Indian Bank, Pachalam Branch. The cheque, on presentation, was dishonoured for insufficiency of funds. Although a statutory notice demanding payment of the money due was sent, the accused did not reply to the notice or pay the amount.
2. In order to prove his case, the appellant gave evidence as PW1 and marked Exts.P1 to P6. While questioning under Section 313 Cr.P.C, the accused denied all incriminating circumstances brought out against her, but no defence evidence was adduced. The trial court, on appreciation of evidence and consideration of legal contentions, acquitted the accused under Section 255 (1) Cr.P.C. Hence, this appeal.
3. Adv.G.Krishna Kumar appearing for the appellant assailed the impugned judgment by cont
The presumption under Section 139 of the NI Act is rebuttable, transferring the burden to the complainant if sufficient evidence creates doubt in the case.
Point of Law : Dishonour of Cheque – Acquittal under - complainant has failed to prove even the execution of the cheque since his very specific case that it was a cheque written using a pen in his pr....
Presumption under Section 139 of the Negotiable Instruments Act requires the accused to present credible evidence to rebut the holder's claim of legal liability regarding the cheque issued.
Dishonour of cheque – Accused had to prove by cogent evidence that there was no debt or liability.
A signed cheque establishes a presumption of liability; the accused must provide evidence to rebut this presumption to avoid conviction under Section 138 of the Negotiable Instruments Act.
The signed blank cheque carries a legal presumption of liability under the Negotiable Instruments Act, shifting the burden of proof to the accused to demonstrate non-liability.
A presumption of debt exists under Sections 138 and 139 of the Negotiable Instruments Act, which the accused failed to rebut, affirming liability for dishonored cheques.
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
