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G. JAYACHANDRAN
P. Thangavel – Appellant
Versus
S. M. Jagannathan – Respondent
JUDGMENT
(Prayer: Criminal Appeal is filed under Section 378 of Criminal Procedure Code, to set aside the order of acquittal dated 18.03.2014 made in C.A.No.48 of 2012 on the file of the Learned Additional District and Sessions Court, Namakkal (Full Additional Charge) reversal of the conviction imposed in the judgment dated 19.10.2014 made in STC No.49 of 2012 on the file of the Learned Judicial Magistrate, Fast Track Court (at Magisterial level), Tiruchengode by allowing the Criminal Appeal.)
1. Acquittal by the Lower Appellate Court by reversing the judgment of conviction passed by the Trial Court, is the subject matter of this Appeal.
2. The Private Complaint filed under Section 138 of Negotiable Instrument Act, reads as below:-
On 11/08/2006, the 2nd and 3rd accused as Managing Partner and Partner respectively, of first accused M/s “Sri Kumaran & Company”, a Partnership Firm borrowed Rs.5 Lakhs from the complainant. They promised to repay the money within 2 months with 18% interest. On the same day, A2 gave a post-dated cheque for Rs.5,00,000/- duly signed by him on behalf of the first accused partnership firm drawn on Karur Vysya Bank Ltd, Tiruchengode Branch. The complainant pres
The main legal point established in the judgment is that retirement from a partnership firm subsequent to the issuance of a cheque does not exonerate the partners who had given the cheque when they w....
The presumption under Section 139 of the Negotiable Instruments Act is a rebuttable presumption, but the accused must adduce cogent evidence to rebut the presumption. The standard of proof required t....
The court determined that under Sections 138 and 139 of the Negotiable Instruments Act, the presumption that a cheque was issued to discharge a debt is rebuttable, placing the burden on the accused t....
The burden of proof in a prosecution under Section 138 of the Negotiable Instrument Act lies on both the complainant and the accused. The court must analyze the evidence to establish liability and in....
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