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RMT. TEEKAA RAMAN
M. Ganesan – Appellant
Versus
K. Pachiyammal – Respondent
JUDGMENT
(Prayer: This Criminal Revision Case is filed under Section 397 read with Section 401 of Cr.P.C., to call for records and set aside the judgment passed in CA.No.137/2019 dated 22.11.2019 by the Additional District (Fast Track) Court, Mettur and the judgment passed in STC No.175 of 2016 dated 21.06.2019 by the learned Judicial Magistrate No.1, Mettur.)
1. Convicted accused is the revision petitioner herein.
2. The respondent-K.Pachiammal filed STC No.175 of 2016 against the revision petitioner/accused for the offence under Section 138 of the Negotiable Instruments Act. It is a private complaint.
3. During the trial, on the side of the complainant, the complainant examined herself as PW1 and Ex.P1 to Ex.P5 were marked through her. The cheque bearing No.826904 dated 29.01.2016 for Rs.2,00,000/- drawn on State Bank of India, Mettur Branch, has been marked as Ex.P1; Bank challan dated 29.01.2016, has been marked as Ex.P2; Cheque return memo dated 29.01.2019 has been marked as Ex.P3; Legal notice along with RPAD receipt dated 04.02.2016 has been marked as Ex.P4; and Postal Acknowledgement Card dated 06.02.2016 has been marked as Ex.P5. On behalf of the accused, no oral or documentar
The statutory presumption under Section 139 of the Negotiable Instruments Act places the burden of proof on the accused to rebut the presumption, and the failure to do so can lead to conviction.
The presumption in favor of the holder of the cheque when the execution is not denied, and the need for positive evidence to prove lack of means of the respondent.
The burden of proof on the accused to disprove the existence of any legally recoverable debt or liability under the Negotiable Instruments Act.
In a prosecution under Section 138 of the NI Act, once the execution of a cheque is admitted or proven, a presumption under Section 139 arises in favour of the complainant, and the burden shifts to t....
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....
The presumption of a legally enforceable debt under Sections 138 and 139 of the N.I. Act is strong and requires evidence to the contrary by the accused, which was not provided.
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