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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN
Bindu Krishna Das W/o Krishnadas – Appellant
Versus
P. Ashok Kumar S/o Ponnappan – Respondent
| Table of Content |
|---|
| 1. summary of procedural history and factual background of the section 138 ni act conviction. (Para 1 , 2 , 3 , 5 , 6) |
| 2. scope of revisional jurisdiction and the necessity of demonstrating perversity in lower court findings. (Para 7 , 8 , 10 , 11) |
| 3. application of the presumption under section 139 and the failure of the accused to rebut the same through cogent evidence. (Para 12 , 13 , 14 , 15 , 16 , 17) |
ORDER :
1. Under challenge in this revision petition is the conviction and sentence rendered against the revision petitioner under Section 138 of the Negotiable Instruments Act (for short “N.I. Act”).
2. The revision petitioner is the accused in C.C. No. 96 of 2009 on the file of the Judicial First Class Magistrate Court–II, Vaikom.
3. The case of the complainant is that the accused, in discharge of her liability to the complainant, issued a cheque dated 03.11.2008 for Rs.3,00,000/- drawn on her account maintained with Union Bank of India, Vaikom Branch, in favour of the complainant. Upon presentation, the cheque was dishonoured on 16.02.2009 for insufficiency of funds. The complainant issued a statutory notice dated 17.02.2009 demanding payment of the cheque amount. De
In a prosecution under Section 138 of the NI Act, once the execution of a cheque is admitted or proven, a presumption under Section 139 arises in favour of the complainant, and the burden shifts to t....
The High Court's revisional jurisdiction is supervisory in nature and limited to correcting legal improprieties or perversity in findings; it cannot be used to reappreciate evidence where trial and a....
In a Section 138 N.I. Act prosecution, once the execution of a cheque is proven, the statutory presumption under Section 139 shifts the burden to the accused; revisional courts will not interfere wit....
The statutory presumptions under Sections 138, 118, and 139 of the Negotiable Instruments Act are critical in dishonour cases, determining the burden of proof.
In a prosecution under Section 138 of the Negotiable Instruments Act, once the execution of the cheque is proved, a statutory presumption under Section 139 arises in favor of the complainant, placing....
In a revision petition against a conviction under Section 138 of the N.I. Act, the High Court will not reappreciate evidence unless the lower court's findings are perverse, and statutory presumptions....
A revisional court shall not interfere with concurrent findings of fact unless they suffer from perversity or illegality; furthermore, a notice returned as 'unclaimed' to the correct address is presu....
The court's revisional jurisdiction is limited to correcting illegality and perversity; it cannot re-appreciate evidence as an appellate court, and the statutory presumption under Section 139 of the ....
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