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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE SATHI KUMAR SUKUMARA KURUP, J
K.B. Raju – Appellant
Versus
K. Asokan – Respondent
Based on the provided legal document, here are the key points:
JUDGMENT :
1. This Criminal Appeal has been filed to set aside the Judgment dated 30.07.2012 passed in C.C. No.765 of 2011 on the file of the learned Judicial Magistrate (Fast Track Court), Vellore, by which the Respondent/Accused was acquitted of the offence under Section 138 to 142 of The Negotiable Instruments Act.
2. The complaint under Section 138 to 142 of The Negotiable Instruments Act, in C.C. No. 765 of 2011 was filed by the Appellant/Complainant complaining that the Respondent/Accused had borrowed Rs.2 lakhs from him and also executed a promissory note along with one Mohan, Kandipedu Village. The Respondent/Accused promised to repay the loan amount with interest at the rate of 36% per annum. On demand the Accused had issued a cheque dated 08.11.2011 for Rs.4 lakhs and on its presentation, the cheque was dishonoured by his bankers – The Tamil Nadu Mercantile Bank Limited, Vellore. The complainant issued a legal notice dated 11.11.2011 calling upon the Respondent/Accused to repay the cheque amount. On receipt of the notice dated 11.11.2011, the Respondent/Accused sent a reply dated 19.11.2011 repudiating the averments contained in the notice dated 11.11.2011. Thereafter, the
The cheque amount exceeding the borrowed amount negates the applicability of Section 138 of the Negotiable Instruments Act, requiring the Complainant to establish a legally enforceable debt.
The burden of proof, legal presumptions, and the accused's admission of debt in the issuance of the cheque are crucial in determining liability under the Negotiable Instrument Act.
Point of law : Accused has succeeded in rebutting presumption, it is for complainant to prove existence of a debt in discharge of which subject cheque was issued
The burden of proof under Section 138 of the Negotiable Instruments Act lies on the accused to show that the cheque was not issued in discharge of any debt or liability.
Dishonour of cheque – Where accused has succeeded in rebutting statutory presumption under Section 139 of Negotiable Instruments Act, he has to be acquitted.
In an appeal against acquittal, the appellate court may only interfere if the trial court's decision is perverse or illegal, reinforcing the presumption of innocence.
The presumption of consideration under Sections 118 and 139 of the Negotiable Instruments Act applies unless disproven by the accused, and the burden cannot shift excessively onto the complainant.
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