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
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.
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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