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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
Lambodhara Textiles Ltd. – Appellant
Versus
Akul Textiles – Respondent
JUDGMENT :
M. NIRMAL KUMAR, J.
1. The appellant as complainant filed a private complaint in C.C.No.130 of 2013 for offence under Section 138 of the Negotiable Instruments Act, 1881 (in short ‘N.I. Act’) against the respondents/accused. The trial Court, by judgment dated 13.10.2016, convicted the respondents and sentenced to undergo six months simple imprisonment and to pay the cheque amount of Rs.28,61,100/- jointly by respondents 1 to 3 as compensation. Aggrieved by the same, the respondents/accused preferred an appeal in Crl. A. No.137 of 2016 before the V Additional District and Sessions Judge, Coimbatore. The learned Sessions Judge, by the judgment dated 13.12.2017, allowed the appeal setting aside the conviction and sentence passed by the trial Court, against which, the complainant had preferred the present appeal.
2. The case of the appellant/complainant is that the complainant is a limited Textile company authorised one Manoharan by Board Resolution dated 19.07.2010 to institute this complaint and prosecute the respondents. The first respondent is a partnership firm and respondents 2 and 3 are its partners. The first respondent placed orders with the appellant for purchase of p
The burden of proof rests on the complainant to establish the existence of a legally enforceable liability in cheque dishonor cases under the Negotiable Instruments Act. Failure to prove such liabili....
The presumptions under sections 138 and 139 of the NI Act favor the holder, shifting the burden to the accused to rebut the claims of liability.
Dishonor of cheque - Once the execution of cheque is admitted Section 139 of the Act mandates a presumption that the cheque was for the discharge of any debt or other liability
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 presumption under Section 139 of the NI Act that a cheque is issued for discharge of a debt or liability unless proven otherwise, and the accused's burden to raise a probable defense to rebut the....
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