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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sathi Kumar Sukumara Kurup
K.Ekambaram – Appellant
Versus
Premkumar – Respondent
ORDER :
Sathi Kumar Sukumara Kurup, J.
This Criminal Revision Petition is filed to set aside the judgment dated 20.12.2019 passed in Criminal Appeal No.81 of 2018 on the file of the learned II Additional District and Sessions Judge, Thiruvallur at Poonamallee confirming the judgment dated 22.11.2017 made in S.T.C.No.73 of 2016 on the file of the learned Judicial Magistrate, Fast Track Court-II (Magisterial Level), Poonamallee.
2. The brief facts, which are necessary for the disposal of this Criminal Revision, are as follows:-
2.1. The Complainant in STC No. 73 of 2016 before the learned Judicial Magistrate, Fast Track Court-II (Magisterial Level), Poonamallee is a practicing Doctor. The Accused therein acquainted with the Doctor as a patient. In the course of such interaction, the Doctor came to know that the Accused is a real estate dealer. Therefore, he expressed his intention to purchase a house site. In this context, the Complainant and the Accused entered into an agreement of sale dated 25.11.2014 for purchase of an immovable property owned by the Accused and his wife. On execution of such agreement, the Complainant paid Rs.50,00,000/- out of Rs.60,00,000/-. After execution of the
The existence of a pending civil suit does not preclude a complainant from pursuing a criminal complaint under Section 138 of the Negotiable Instruments Act for dishonored cheques representing a lega....
Cheques issued as part of a debt obligation are presumed to be for a lawful debt unless contrary evidence is presented, independent of any pending civil disputes.
A cheque issued as a part of a legally enforceable debt invokes a presumption of liability under Section 139 of the Negotiable Instruments Act, 1881, which the accused must rebut.
The issuance of a cheque under a conditional agreement does not establish liability under Section 138 of the Negotiable Instruments Act if the condition is not fulfilled.
Dishonour of cheque – Mere non-filing of any suit by complainant to recover amount due under promissory note does not entitle accused to claim order of acquittal.
[The judgment establishes that cheques issued in discharge of a liability are enforceable under Section 138 of the Negotiable Instruments Act, and the proper service of statutory notice is crucial fo....
The appellate court overturned the acquittal, emphasizing the presumption of consideration under the Negotiable Instruments Act, rejecting the accused's claims due to insufficient evidence.
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