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2018 Supreme(Mad) 1832

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.V. MURALIDARAN, J.
Integrated Finance Company Limited - Appellant
Vs.
M/s. Ravishankar Industries Private Ltd. & Ors. - Respondents
Criminal Appeal Nos. 94 to 96, 150, 151, 152, 153, 154, 155 to 157, 183, 184, 185 & 403 to 416 of 2006
Decided On : 14-09-2018

Advocates:
Advocate Appeared:
For the Appellant : Mr. G. Ravikumar
For the Respondents: Mr. K.R. Rameshkumar

The main legal point established in the judgment is the significance of Sections 118 and 139 of the N.I. Act in establishing the presumption of consideration for negotiable instruments and the burden of proof on the accused to disprove the same.

Headnote:

N.I Act - Hire Purchase Agreement - 138 - 118, 139 - The court discussed the provisions of Sections 118 and 139 of the Negotiable Instruments Act and their interpretations. The court highlighted the presumption of consideration under Section 118 and the presumption in favor of the holder under Section 139. It emphasized that the burden of proof is on the accused to disprove the passing of consideration and that the mere denial is not sufficient to rebut the presumption. The court also referred to the case of Hiten P. Dalal vs. Bratindranath Banerjee to support its interpretation of the legal provisions.

Fact of the Case:

The complainant company filed complaints under Section 138 of the N.I. Act against the accused for dishonor of cheques issued for a Hire Purchase Agreement. The accused contended that the cheques were not supported by consideration.

Finding of the Court:

The court found that the accused failed to disprove the passing of consideration for the cheques and upheld the presumption in favor of the holder under Section 139 of the N.I. Act. It held the accused liable and convicted the 3rd accused, ordering concurrent sentences and fines in multiple cases.

Issues: The issues revolved around the passing of consideration for the cheques issued under the Hire Purchase Agreement and the burden of proof on the accused to disprove the same.

Ratio Decidendi: The court emphasized the importance of Sections 118 and 139 of the N.I. Act in establishing the presumption of consideration and the burden of proof on the accused. It highlighted that the accused's mere denial was insufficient to rebut the presumption.

Final Decision: The court allowed the criminal appeals, convicted the 3rd accused, and imposed concurrent sentences and fines in multiple cases.

JUDGMENT :

These Criminal Appeals are directed as against the order of acquittal made in various Calendar Cases noted in the tabular column given below, but the orders passed in all the calendar cases are one and the same day, dated 20.07.2005 on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai.

Tabular Column

S. No.

Crl. A. Nos.

C.C. No.

Cheque No. & Date

Amount

1.

403 of 2006

591 of 1998

657378/1.10.1998

Rs.1,94,000/-

2.

404 of 2006

2360 of 1998

657380/

Rs.1,94,000/-

3.

405 of 2006

6598 of 1998

822356/1.9.1998

Rs.2,05,000/-

4.

406 of 2006

6599 of 1998

822369/

Rs.3,99,009/-

5.

407 of 2006

756 of 1999

822357/1.10.1998

Rs.2,05,000/-

6.

408 of 2006

760 of 1998

822370/3.10.1998

Rs.3,99,009/-

7.

409 of 2006

1319 of 1999

822371/

Rs.3,99,009/-

8.

410 of 2006

3223 of 1999

822374/3.2.99

Rs.3,99,009/-

9.

411 of 2006

3224 of 1999

822361/1.2.1999

Rs.2,05,000/-

10.

412 of 2006

4222 of 2001

822356/1.2.2001

Rs.1,72,200/-

11.

413 of 2006

4323 of 1999

/03.03.1999

Rs.3,99,009/-

12.

414 of 2006

4324 of 1999

822362/1.3.1999

Rs.2,05,000/-

13.

415 of 2006

5753 of 1999

657385/01.05.1999

Rs.1,94,000/-

14.

415 of 2006

8498 of 1999

836062/03.09.1999

Rs.2,34,218/-

15.

150 of 2006

3514 of 2001

348804/1.12.2000

Rs.1,72,200/-

16.

151 of 2006

1362 of 1999

657379/1.11.1998

Rs.1,94,000/-

17.

152 of 2006

3226 of 1999

657382/1.02.1999

Rs.1,94,000/-

18.

153 of 2006

90 of 2000

657390/1.10.1999

Rs.1,94,000/-

19.

154 of 2006

6355 of 1999

657381/1.01.1999

Rs.1,94,000/-

20.

155 of 2006

6730 of 1999

657377/1.09.1998

Rs.1,94,000/-

21.

156 of 2006

4228 of 1999

657383/1.03.1999

Rs.1,94,000/-

22.

157 of 2006

6354 of 1999

657386/1.06.1999

Rs.1,94,000/-

23.

183 of 2006

7224 of 1999

822379/3.07.1999

Rs.3,99,009/-

24.

184 of 2006

2430 of 1998

822372/1.12.1998

Rs.3,99,009/-

25.

185 of 2006

1320 of 1999

822358/01.11.1998

Rs.2,25,000/-

26.

94 of 2006

6199 of 1998

657361/16.08.1998

Rs.5,6 5,000/-

27.

95 of 2006

4887 of 1999

657368/16.03.1998

Rs.5,6 5,000/-

28.

96 of 2006

4225 of 2001

348809/01.04.2001

Rs.9,567/-

2. The parties in all these appeals are one and the same and hereafter called as their capacity before the trial court. The appellant in all these appeals are the complainant and the respondents herein are the accused before the learned XVII Metropolitan Magistrate, Saidapet, Chennai which was filed for an alleged offence punishable under Section 138 of Negotiable Instruments Act (herein after called as N.I Act).

3. The following facts are necessary for the disposal of these Criminal Appeals.

4. According to the complainant company, it is engaged in money lending business for aspirants purchasers of Vehicles and Machineries under Hire Purchase Agreement and Lease Finance Scheme. The 1st accused company is involving in the business relating to cine field.

5. The accused Nos.2 and 3 respectively are the Managing Director and Director of the 1st accused Company. According to the complainant company, a Hire Purchase agreement came to be entered into between itself as Vendor and the accused company as purchaser. The accused company had taken delivery of machineries worth about Rs.1,43,93,180/- from the complainant and the said amount should be paid in 60 monthly installment by the accused company. Towards an installment of the said loan amount the accused company issued various Cheques mentioned in the tabular column and all of them are drawn at M/s. Union Bank of India and State Bank of India, T. Nagar Branch for a sum Rupees also mentioned in the said tabular column.

6. The complainant/appellant consequently presented the cheques for encashment, however all of them were returned with an endorsement that Refer to Drawer. Thereupon statutory legal notice
































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