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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
S.Jayanthi – Appellant
Versus
K.A.C.Kumar – Respondent
ORDER :
M.Nirmal Kumar, J.
Challenging the Judgment dated 28.10.2023 in C.A.No.2 of 2023 passed by the learned Additional District and Sessions Judge, Dharmapuri, confirming the Judgment and Sentence of Imprisonment and compensation passed by the learned Judicial Magistrate, Fast Track Court (ML) Dharmapuri in C.C.No.71 of 2019, dated 18.02.2020, the present Revision is filed.
2. Mr.D.Ramesh Kumar, the learned counsel appearing for the Revision Petitioner would submit that the complaint filed by the respondent is unsustainable as there was no legally enforceable liability for the cheque under Ex.P1 as no hand loan obtained by the Revision Petitioner on 13.03.2018 from the respondent / complainant and Ex.P1, dated 13.05.2018 not issued to the complainant for Rs. 5,00,000/- either on 13.03.2018 or any other date to discharge the alleged hand loan, as falsely claimed by the complainant. The complainant not proved that the accused borrowed Rs.5,00,000/-, as hand loan from the complainant on 13.03.2018 and issued Ex.P1, post dated cheque, bearing No 569175, dated 13.05.2018, to discharge the said loan as falsely claimed by the complainant as per notice under Ex.P3. On the contrary, the acc
The presumption under Section 139 of the Negotiable Instruments Act requires the accused to rebut the existence of a legally enforceable liability for the cheque issued.
Once there is no denial of issuance of cheque and signatures thereupon, presumption as available under Ss.118 and 139 comes into play.
A presumption of debt exists under Sections 138 and 139 of the Negotiable Instruments Act, which the accused failed to rebut, affirming liability for dishonored cheques.
The main legal point established in the judgment is the presumption of liability of the drawer of the cheques under Section 138 of the Negotiable Instruments Act, 1881, and the burden of proof on the....
The presumption of a cheque being issued in discharge of a legally enforceable debt under Section 139 N.I.A. and the significance of a security cheque in commercial transactions were central to the c....
A drawer of a cheque is presumed liable unless they provide evidence to rebut the presumption of issuance for debt repayment, established under Sections 138 and 139 of the Negotiable Instruments Act.
The presumption of consideration under Sections 118 and 139 of the Negotiable Instruments Act applies once a cheque's issuance is admitted, shifting the burden to the accused to rebut this presumptio....
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