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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE P.VELMURUGAN, J
S. Santhakumar – Appellant
Versus
G. Karthikeyan – Respondent
ORDER :
This Criminal Revision Petition has been filed to call for the records pursuant to judgment made in Crl.A.No.216 of 2024 and to set aside the judgement dated 28.01.2025 passed in Crl.A.No.216 of 2024 on the file of the XXI Additional Sessions Judge, XXI Additional City Civil Court, Allikulam, Chennai, confirming the judgment dated 19.02.2024 passed in STC.No.10211 of 2022 on the file of the XXV Metropolitan Magistrate, Egmore, Chennai.
2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
3. The respondent/complainant filed a complaint as against the petitioner/accused for the alleged offence under Section 138 of the Negotiable Instruments Act in STC.No.10211 of 2022 on the file of the XXV Metropolitan Magistrate, Egmore, Chennai. After completion of enquiry, the learned Magistrate found the petitioner/accused guilty of the offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for one year and to pay cheque amount of Rs.38,47,179/- as compensation under Section 357(3) Cr.P.C., to the respondent/complainant, in default, to undergo simple imprisonment for one month. Challeng
The statutory presumption of a legally enforceable debt under Sections 118 and 139 of the Negotiable Instruments Act applies once the foundational fact of borrowing is established, shifting the burde....
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 accused may rebut statutory presumptions of liability in cheque dishonor cases; once done, burden shifts back to the complainant to prove the case effectively.
Dishonoured of cheque - Preponderance of probabilities - Trial Court has disbelieved evidence brought by applicant side and held that presumption that is available under Section 139 of Act, 1881, has....
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 main legal point established in the judgment is the application of the presumption under Section 139 of the Negotiable Instruments Act and the importance of proving the contrary to rebut the pres....
The main legal point established is the presumption of guilt under Section 138 of the Negotiable Instruments Act when a cheque is dishonored due to insufficient funds, and the legal requirements for ....
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