Back
G. JAYACHANDRAN
Karrthekai Trading Company, Rep. by its Proprietor K. Sengodan, Erode – Appellant
Versus
A. R. Sundar – Respondent
JUDGMENT
(Prayer: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to set aside the judgment and conviction dated 24.03.2017 made in C.A.No.30 of 2016 on the file of the III Additional District and Sessions Court, Gobichettipalayam confirming the judgment dated 28.01.2016 made in C.C.No.411 of 2007 on the file of Judicial Magistrate No.I, Gobi.)
1. The revision petition is filed against the concurrent findings of the Courts below. The subject matter of the revision is the cheque dated 26.07.2007 issued for Rs.6,00,000/- by the revision petitioner, in favour of the respondent. According to the respondent, the cheque was given by the revision petitioner to discharge the loan. On presentation, the cheques was returned for “insufficiency of fund”, hence after serving statutory notice, a complaint filed under Section 138 of Negotiable Instruments Act, 1881.
2. To prove the case, the complainant/A.R.Sundar (P.W.1) and Ranganathan (P.W.2), Postal Inspector were examined. In support of the complainant, 6 exhibits were marked.
3. On behalf of the petitioner/accused, two witnesses were examined and 9 exhibits were marked.
4. The Trial Court held the accused guilty and sentenc
The main legal point established is that the Appellate Court cannot enhance the sentence by ordering compensation in the absence of an appeal by the complainant.
The main legal point established in the judgment is that in cases of conviction under Section 138 of the Negotiable Instruments Act, unless there are special circumstances, fine up to twice the chequ....
The main legal point established is that the drawer of a cheque cannot take advantage of their own fault and must comply with the legal requirements under Section 138 of the Negotiable Instruments Ac....
Admission of cheque signature raises presumption under NI Act ss.118(a),139 of debt discharge; accused must rebut with evidence, not mere denial. Revisional jurisdiction bars reappreciation absent pe....
It has been settled in law that accused can either adduce independent evidence or rely on evidence tendered by complainant to rebut presumptions.
(1) Reasons – Reasons are obvious inasmuch as if a cheque gets dishonored, the payee will suffer hardship in meeting his financial commitments. (2) Object and Reasons – The prime object of enacting t....
The compensatory nature of proceedings under Section 138 of NI Act and the court's authority to modify the sentence and compensation amount based on relevant legal provisions.
(1) Reasons – Reasons are obvious inasmuch as if a cheque gets dishonored, the payee will suffer hardship in meeting his financial commitments. (2) Object and Reasons – The prime object of enacting t....
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
