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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
V. Satheesh – Appellant
Versus
Ashraf – Respondent
ORDER :
M. Nirmal Kumar, J.
The respondent as complainant filed a private complaint against the petitioner/accused for offence under Section 138 of Negotiable Instruments Act, 1881 in C.C.No.676 of 2011 before the learned Judicial Magistrate, Fast Track Court, Vellore (trial Court). The trial Court by judgment dated 26.12.2011 dismissed the complaint and acquitted the petitioner/accused. Challenging the same, the respondent/complainant preferred an appeal before the learned Principal Sessions Judge, Vellore (lower appellate Court) in Crl.A.No.53 of 2018 and the same was allowed on 25.09.2019 setting aside the judgment of the trial Court and convicted the petitioner for offence under of Negotiable Instruments Act, 1881 and directed to pay twice the cheque amount of Rs.5,00,000/- to the respondent/complainant in default to undergo Simple Imprisonment for three months. Against which, the present criminal revision case filed by the petitioner/accused.
2.Despite service of notice and the respondent’s name printed in the cause list, no representation for the respondent either in person or by any counsel. Hence, this Court by order dated 30.08.2024 appointed Ms.K.Meena as Legal Aid Coun
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.
The appellant failed to establish the existence of a loan to support the cheque under Section 138, and once the accused probablized his defence, the evidential burden shifted back to the complainant.
The appellate court must affirm acquittals unless demonstrated misconduct or perverse conclusions arise, as rights of the accused and statutory presumptions demand careful scrutiny.
Statutory presumptions under the Negotiable Instruments Act can be rebutted by the accused, shifting the burden back to the complainant when adequate evidence is presented.
Court reaffirmed that in cheque dishonor cases, the appellant must prove the cheque's issuance arises from a legitimate debt obligation, especially when prior agreements exist contradicting claimed t....
A complaint under Section 138 must provide sufficient details about the relationship and financial capacity; mere presumption is insufficient for conviction without material evidence.
Criminal Law - Dishonoured of Cheque - Appeal against conviction - Petitioner in this case, did not raise any probable defence which would create doubts in mind of Court. Court find no reason to inte....
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