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G. K. ILANTHIRAIYAN
P. Ramesh – Appellant
Versus
P. Bhuvanesan – Respondent
JUDGMENT
(Prayer: Criminal Revision Case filed under Section 397 read with Section 401 of the Code of Criminal Procedure, to call for the records relating to the order passed by the learned Additional Sessions Judge, Karur in C.A.No.30 of 2017, dated 03.04.2017 in partly allowing the Judgment in C.C.No.142 of 2015, dated 07.11.2016 on the file of the learned Judicial Magistrate, Fast Track Court at Magisterial Level, Karur and set aside the same.)
1. This revision has been filed to set aside the order passed by the learned Additional Sessions Judge, Karur in C.A.No.30 of 2017, dated 03.04.2017 in partly allowing the Judgment in C.C.No.142 of 2015, dated 07.11.2016 on the file of the learned Judicial Magistrate, Fast Track Court at Magisterial Level, Karur.
2. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act.
3. The crux of the complaint is that on 10.02.2015, the petitioner borrowed a sum of Rs.5,00,000/- as a hand loan from the respondent for his urgent needs and family expenses. Thereafter, in order to discharge the liability, the petitioner issued a cheque for the said amount. The ch
The statutory presumption under Section 139 of the Negotiable Instruments Act favors the payee in case of dishonour of a cheque, and the burden of proof lies on the drawer to rebut the presumption.
The duty of the accused to rebut the statutory presumption under Section 139 of the Negotiable Instruments Act and the limited scope of revision for interference with lower courts' judgments.
Accused cannot rebut statutory presumption under Sections 118 and 139 of Negotiable Instruments Act without entering witness box.
When the issuance of a cheque and the signature thereon are not denied, the statutory presumption under Section 139 of the Negotiable Instruments Act applies, shifting the burden to the accused to pr....
The admission of issuing a cheque creates a presumption under Section 139 of the N.I. Act, which must be rebutted by the accused to avoid liability.
Conditional acquittal in cheque bounce case upon settling remaining amount after partial payment.
The burden of proof on the accused to disprove the existence of any legally recoverable debt or liability under the Negotiable Instruments Act.
The main legal point established is that once the signature and execution of a cheque are admitted, there is a presumption under Section 139 of the Negotiable Instruments Act that the cheque was issu....
In a prosecution under Section 138 of the Negotiable Instruments Act, if the accused admits the issuance of the cheque but fails to produce evidence to rebut the statutory presumption of a legally en....
Post-conviction settlement of cheque amount justifies setting aside conviction under Section 138 NI Act.
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