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2023 Supreme(Mad) 1978

RMT. TEEKAA RAMAN
Vytla Veeranna Chowdary – Appellant
Versus
Mattaparthi Venkateswara Rao – Respondent


Advocates appeared:
For the Appellant:S. Ruban Prabu, Advocate. For the Respondent:S.S. Jhothivani, Advocate.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case involves a criminal appeal against an acquittal in a complaint under Section 138 of the Negotiable Instruments Act, where the complainant alleged issuance of a dishonored cheque by the accused (!) .

  2. The core issue revolves around the presumption of liability under Section 139 of the Negotiable Instruments Act, which shifts the burden of proof to the accused once the signature and cheque are admitted (!) .

  3. The accused claimed that he did not borrow any amount from the complainant and that the cheque was misused, asserting that he stood as a guarantor for a third party who had borrowed the money (!) (!) .

  4. The accused's defense was that he was not involved in the loan transaction and that the cheque was obtained under false pretenses, with the complainant having no financial capacity to lend such a large sum (!) (!) (!) .

  5. The trial court examined the financial capacity of the complainant, noting that his income and assets suggested he lacked the means to lend Rs.3,00,000, and thus, the presumption of liability was not conclusively established (!) (!) .

  6. The court highlighted that the burden of proof is dynamic, shifting based on the existence of probable defenses or preponderance of probabilities, and that the accused is not obliged to testify to establish his defense (!) (!) .

  7. The court emphasized that the accused's admissions, particularly regarding his financial status and the lack of a direct contractual relationship, supported the conclusion that the complainant lacked the capacity to lend the amount (!) (!) .

  8. The appellate court confirmed the trial court's findings, agreeing that the evidence demonstrated the complainant's inability to substantiate his claim of financial capacity, leading to the dismissal of the appeal and the affirmation of the acquittal (!) .

  9. Overall, the judgment underscores the importance of establishing financial capacity in cases involving lending and borrowing, and clarifies the shifting nature of the burden of proof under the relevant statutory provisions [judgement_subject][judgement_act_referred].

Please let me know if you need a more detailed analysis or specific legal advice related to this case.


JUDGMENT

(Prayer: Criminal Appeal is filed under Section 374 of Criminal Procedure Code, praying to call for the records in STC No.370 of 2013 dated 09.12.2015 of the learned Judicial Magistrate Court, Yanam and set aside the order of acquittal.)

1. This appeal is against the order of aquittal. This case arises under private complaint initiated otherwise than on police report.

2. The unsuccessful complainant is the appellant herein, who filed a complaint under Section 200 of Cr.P.C for the alleged offence under Section 138 of Negotiable Instruments Act, by the accused.

3. The brief facts of the case is that the accused had borrowed a sum of Rs.3,00,000/- from the complainant on 09.09.2011 and has issued the cheque dated 27.02.2013 bearing No.026521 drawn on Indian bank, Yanam for Rs.2,60,000/-. The cheque when presented for collection was returned for want of sufficient funds. Therefore, the complainant has issued a notice on 13.03.2013, calling upon the accused to pay the cheque amount within 15 days. As the accused did not pay the cheque amount as demanded, the present complaint has been filed against him for an offence under Section 138 of the Negotiable Instruments Act. After obser

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