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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. JUSTICE P.VELMURUGAN, J
P.Raju, S/o.M.K.Prabhakaran – Appellant
Versus
Srinivasan S/o.Parthasarathy – Respondent
| Table of Content |
|---|
| 1. petitioner issued cheques for security (Para 3 , 4) |
| 2. petitioner claims cheques were for security (Para 5 , 6 , 7) |
| 3. execution of cheques admitted (Para 8) |
| 4. presumption under section 139 (Para 9 , 10 , 11 , 12) |
| 5. revision petitions dismissed (Para 13) |
ORDER :
2. The Criminal Revision Petitions are filed to set aside the impugned order dated 27.12.2024 made in Crl.M.P.Nos.73572 of 2024 in S.T.C.No.4869 of 2022, Crl.M.P.No.73568 of 2024 in S.T.C.No.4867 of 2022 and Crl.M.P.No.73573 of 2024 in S.T.C.No.4864 of 2022 by the learned Metropolitan Magistrate - Fast Track Court No.1, Allikulam, Egmore, Chennai.
4. The case of the respondent-complainant is that, in the course of business, he tendered hand loans to the petitioner-accused for the purpose of purchasing properties and the same accumulated to a sum of Rs.6 Crores. While that being so, a sale agreement dated 21.11.2012 was entered into between the petitioner-accused and respondent-complainant with respect to the properties situated at S.Nos.127/10D, 127/16 Part and 127/15B part, in all, an extent of 1 acre 49 ½ cents situated at Maduravoyal Village, Thiruvallur District and by virtue of the agreement dated 18.03.2
The presumption under Section 139 of the N.I. Act mandates that issued cheques are presumed to be for legally enforceable debts, which the accused must rebut with evidence.
The presumption under Section 139 of the N.I. Act regarding the issuance of a cheque remains unless rebutted by the accused, and failure to provide any evidence leads to conviction.
The presumption of liability under Section 139 of the N.I. Act is rebuttable, and the burden lies on the complainant to prove the existence of a legally enforceable debt beyond reasonable doubt.
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 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 complainant must prove the existence of a legally enforceable debt for a successful prosecution under Section 138 of the Negotiable Instruments Act.
Cheques issued under Section 138 of the NI Act create a presumption of legally enforceable liability, which the accused must rebut with credible evidence.
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