RMT. TEEKAA RAMAN
M. Thiyagarajan – Appellant
Versus
G. Pasupathy – Respondent
JUDGMENT
(Prayer: Criminal Revision Case filed under Sections 397 and 401 of Cr.P.C., to set aside the order passed by the learned Principal Sessions Judge, Chennai made in C.A.No.318 of 2017, dated 28.09.2018, confirming the judgment of acquittal passed by the learned Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai in C.C.No.5804 of 2006, by judgment dated 05.09.2017.)
1. The complainant is the revision petitioner herein.
2. For the sake of convenience, the parties are referred to as per the ranking before the trial Court.
3. The brief facts of this case is as follows:-
(a) The petitioner herein had filed a private complaint as against the respondent for an offence under Section 138 of the Negotiable Instruments Act and the same had been taken on file by the learned XVII Metropolitan Magistrate in C.C.No.5804 of 2006 and later had been transferred to the learned Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai.
(b) The petitioner and the respondent were good friends for quite a long time and the respondent had approached the petitioner and represented that he intend to sell his property situated at Thanjavur and the respondent
The central legal point established in the judgment is the requirement to prove passing off consideration for a legally enforceable debt under Section 138 of the Negotiable Instruments Act.
Proper adherence to procedural requirements and principles of law in dismissing appeals and considering suspension of sentence under Section 138 of NI Act.
The burden of proof on the accused to disprove the existence of any legally recoverable debt or liability under the Negotiable Instruments Act.
Criminal Law - Dishonoured of Cheque - Appeal against conviction - Petitioner in this case, did not raise any probable defence which would create doubts in mind of Court. Court find no reason to inte....
The accused may rebut statutory presumptions of liability in cheque dishonor cases; once done, burden shifts back to the complainant to prove the case effectively.
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