The Karta of a Hindu Undivided Family can file a complaint in his individual capacity under the Negotiable Instruments Act, and the accused must rebut the presumption under Section 139 of the Act.

Headnote:
Cheque - Negotiable Instruments Act - Section 138 - 118, 139, 141 - The court confirmed the conviction and sentence of the accused under Section 138 of the Negotiable Instruments Act. The court held that the complainant, being the Karta of the Hindu Undivided Family, could file a complaint in his individual capacity. The court also noted that the accused did not rebut the presumption under Section 139 of the Negotiable Instruments Act.
Fact of the Case:
The accused borrowed a sum of money from the complainant and issued a cheque to repay the amount. However, the cheque was returned unpaid, leading to a legal complaint under Section 138 of the Negotiable Instruments Act.
Finding of the Court:
The court confirmed the conviction and sentence of the accused under Section 138 of the Negotiable Instruments Act.
Issues: The key issue was whether the complainant could file a complaint in his individual capacity as the Karta of the Hindu Undivided Family.
Ratio Decidendi: The court held that the complainant, being the Karta of the Hindu Undivided Family, could file a complaint in his individual capacity. The court also noted that the accused did not rebut the presumption under Section 139 of the Negotiable Instruments Act.
Final Decision: The Criminal Revision Case was dismissed, and the judgment and orders of the lower courts were confirmed. The accused was directed to surrender before the Trial Court for undergoing the sentence.

JUDGMENT

(Prayer: Criminal Revision filed under Section 397 r/w. 401 of Criminal Procedure Code to set aside the judgment dated 20.07.2023 in C.A.No.101/2020 passed by the learned IV Additional District and Sessions Judge, Coimbatore.)

1. Challenge in this revision is made to the judgment and orders dated 20.07.2023 passed by the learned IV Additional District and Sessions Judge, Coimbatore in C.A.No.101/2020 in and by which the conviction and sentence dated 01.02.2020, passed by the learned Judicial Magistrate, Fast Track Court No.1 at Magisterial Level, Coimbatore in C.C.No.207/2015, was confirmed.

2. The case of the complainant in a nutshell is as follows :

2.1. The complainant and the accused are known to each other. The accused borrowed a sum of Rs.3,50,000/- from the complainant on 16.08.2012 to meet his urgent family needs and for developing his business. The revision petitioner/accused assured that he would repay the same with interest @ 18% per annum on demand.

2.2. When the complainant demanded the accused to repay the amount, the petitioner/accused issued a cheque bearing No.120407 dated 21.08.2014 (Ex.P1) drawn on Axis Bank, R.S.Puram Branch, Coimbatore, for a sum of Rs.4,04,237/- in favour of the respondent/complainant to discharge his liability. When the complainant presented the said cheque for collection on 21.08.2014 through his banker, viz., the Canara Bank, Gandhipuram Branch, Coimbatore, the cheque was returned unpaid for the reason 'Account Closed' as is seen from the cheque Return Memo dated 23.08.2014 (Ex.P2). Therefore, the respondent/complainant issued a legal notice dated 20.09.2014 (Ex.P3) to the accused. Though the revision petitioner/accused received the said legal notice on 22.09.2014 as is seen from the postal acknowledgement card (Ex.P4), he did not come forward to pay the amount due under the cheque and did not also send any reply to the notice received by him.

2.3. Therefore, the respondent/complainant filed a private complaint before the learned Judicial Magistrate, Fast Track Court No.1 at Magisterial Level, Coimbatore, under Section 200 Cr.P.C. against the revision petitioner/accused for an offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.207/2015. The learned Judicial Magistrate, Fast Track Court No.1 at Magisterial Level, after receipt of the complaint recorded the sworn statement of the complainant and took cognizance of the offence under Section 138 of the Negotiable Instruments Act (herein after referred to as NI Act) and issued summons to the accused. On appearance of the accused, the copies of the case records were furnished to him under Section 207 Cr.P.C. When the accused was questioned with regard to substance of accusation made against him, he pleaded not guilty and therefore, the case was posted for trial.

3. The complainant examined himself and marked Ex.P1 to Ex.P4. When the accused was questioned under Section 313 of Cr.P.C., with regard to the incriminating circumstances appearing in evidence against him, the accused denied of having committed any offence. However, the accused did not adduce any oral / documentary evidence on his side.

4. After analysing the evidence on record, the learned trial court judge found the accused guilty of the offence under Section 138 of the Negotiable Instruments Act, convicted and sentenced him as detailed hereunder.

S.No.	Offences under which convicted	Sentence
1	Section 138 of N.I. Act	Simple imprisonment for six months and to pay a sum of Rs.4,04,237/- as compensation to the complainant u/s.357(3) Cr.P.C., within two months S.No. Offences under which convicted Sentence from the date of the judgment, in default, to undergo simple imprisonment for two months.