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D. BHARATHA CHAKRAVARTHY
V. Sudhakaran – Appellant
Versus
M. Rajaa – Respondent
JUDGMENT
(Prayer: Criminal Revision Case is filed under Section 397 of 401 of the Code of Criminal Procedure, to set aside the order Judgment dated 23.04.2018 made in Crl.A.No.77 of 2018, on the file of the Learned II Additional District and Sessions Judge, Thiruvallur at Poonamallee.)
1.This Criminal Revision is filed aggrieved by the conviction for the offence under Section 138 of the Negotiable Instruments Act, 1881, by Judgment dated 24.04.2018, the learned Fast Track Court Magisterial Level No.II, Poonamalee, Thiruvallur District in S.T.C.No.14 of 2017, and sentencing him to undergo 12 months of Simple Imprisonment and to pay a fine of Rs.15,00,000/- (Rupees Fifteen Lakhs only) as compensation and in default of payment to undergo four weeks of Simple Imprisonment and the conviction and sentence being confirmed by the Judgment dated 23.04.2019 by the II-Additional District and Sessions Judge, Thiruvallur at Poonamallee in C.A.No.77 of 2018. Aggrieved by the same, the present revision is filed before this Court.
2. Heard Mr.A.Nagarajan, learned Counsel for the petitioner and Mr.R.Murali, learned Counsel appearing for the respondent.
3. The learned Counsel for the petitioner would su
The presumption of liability under Sec. 139 of the NI Act favors the complainant and must be rebutted by the accused.
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....
It has been settled in law that the accused can either adduce independent evidence or rely on the evidence tendered by the complainant to rebut the presumptions.
Dishonour of cheque – By making a higher demand in a notice sent under Section 138(b) of N.I. Act, would not by itself invalidate notice provided, details of claim towards additional amounts are spec....
Admission of cheque signature raises presumption of debt under NI Act ss118(a),139; accused's lost cheque plea fails without bank report; revisional jurisdiction limited to perversity, upholding conc....
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