Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
N. Narayanan – Appellant
Versus
Axis Bank Limited, Rep by its Authorised Signatory – Respondent
| Table of Content |
|---|
| 1. conviction and initial details of the case. (Para 1 , 2 , 3) |
| 2. arguments related to cheque issuance and liability. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. payments made and consideration of acquittal. (Para 10 , 11 , 15 , 16) |
| 4. setting aside of conviction. (Para 17) |
| 5. final order regarding withdrawal of deposited amounts. (Para 18 , 19) |
ORDER :
M.NIRMAL KUMAR, J.
The petitioner/A3 in C.C.No.2840 of 2010 was convicted by the trial Court along with two others, by judgment dated 27.04.2019 for offence under Section 138 of the Negotiable Instruments Act ('N.I. Act') and sentenced the petitioner to undergo six months simple imprisonment and directed all the accused jointly or severally to pay compensation to pay a sum of Rs.80,00,000/- as compensation, in default, to undergo further period of two weeks simple imprisonment. Aggrieved against the same, the petitioner/A3 preferred an appeal before the XVI Additional Sessions Judge, Chennai in Crl.A.No.286 of 2019. The learned Sessions Judge, by judgment dated 27.08.2021, partly allowed the appeal by modifying the simple imprisonment of six months to three months, against which, the present revision filed.
2.The complaint against th
Full payment of the cheque amount prior to appellate decision can negate conviction under Section 138 of the Negotiable Instruments Act.
Compounding of criminal complaints under Section 147 of the Negotiable Instruments Act is permissible, leading to acquittal if both parties mutually agree to settle the matter.
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 main legal point established in the judgment is the importance of proving the dishonor of a cheque due to insufficient funds, the presumption of the cheque being issued against a debt, and the ad....
Dishonour of cheque – There is no bar in issuance of cheque for discharge of legally enforceable debt of another person.
The drawer of a cheque under Section 138 of the N.I. Act bears the burden to rebut the presumption of liability; failure to do so can result in conviction for cheque dishonour.
[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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
