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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.G. AJITHKUMAR, J
Artist K.G. Nair – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
(P.G. AJITHKUMAR, J.)
These revision petitions arose on a common judgment involving the same parties. Hence, these revision petitions are disposed of by this common order.
2. The petitioner is the accused in S.T.Nos.57 and 58 of 2014 on the files of the Judicial Magistrate of the First Class-VII, Thiruvananthapuram. The offence alleged is one punishable under Section 138 of the Negotiable Instruments Act, 1881 (N.I.Act). The complaints are filed by the 1st respondent with the following allegations,-
In relation to a transaction concerning gold ornaments, the petitioner had issued two cheques; one for Rs.1,50,000/- and the other for Rs.1,80,000/-. The cheques were presented for encashment, but returned unpaid due to the insufficiency of funds in the account of the petitioner. Demand notices were issued. The petitioner received the notices, but failed to repay the amount.
3. The petitioner appeared before the court and denied the accusation. At the trial PW1 was examined and Exts.P1 to P8 were marked. After closing the evidence on the side of the prosecution, the petitioner was questioned under Section 313(1)(b) of the Code in both cases. He stated that 128.300 grams of gold entru
The presumption of liability under Section 139 of the Negotiable Instruments Act is established upon admission of cheque issuance, and the accused bears the burden to rebut this presumption with cred....
The burden of proof under Section 138 of the NI Act lies on the accused to establish a probable defense against established presumption of debt when signatures on cheques are admitted.
Revisional jurisdiction limited to perversity, not reappreciating evidence. Section 139 NI Act presumption of debt from admitted cheque issuance rebuttable only by probable defence on preponderance o....
Admission of cheque signature triggers Section 139 presumption of liability; accused must rebut by preponderance of probabilities with probable defence. Revisional court limited to correcting pervers....
The presumption under Sections 118(a) and 139 of the Negotiable Instruments Act can be rebutted by the accused, leading to acquittal if the complainant fails to prove a legally enforceable debt.
Dishonour of cheque – Appeal against acquittal – Presumption under Section 139 read with Section 118 of NI Act is essentially based on pure common sense – Statement of accused under Section 313 Cr.P.....
The main legal point established is that the failure to rebut the presumption under Section 139 of the Negotiable Instruments Act can lead to conviction under Section 138 of the Act.
The presumption under Section 139 of the Negotiable Instruments Act stands unless effectively rebutted by the accused with substantive evidence.
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