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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
G. Kiruba Kumar – Appellant
Versus
Chitraselvi, Assistant Professor – Respondent
JUDGMENT :
M.NIRMAL KUMAR, J.
1. The appellant as complainant filed a private complaint against the respondent in C.C.No.332 of 2019 before the learned Judicial Magistrate No.I, Namakkal. The Trial Court by judgment dated 25.03.2021 dismissed the complaint and discharged the respondent. Against which, the present appeal filed.
2. In this case, notice was ordered to the respondent as per the address in the complaint but the same was returned with an endorsement “left”. Finding that the appeal is pending for quite sometime, this Court appointed Ms.Vrindha as legal aid counsel on 09.12.2025.
3. For the sake of convenience, the parties are referred to as complainant and accused.
4. The complainant filed a private complaint under Section 138 of Negotiable Instruments Act stating that the complainant and the accused are friends, the accused borrowed Rs.6,95,000/- as hand loan and received the same at the complainant's house in the presence of one L.B.Senthilkumar at Thathampatty, Salem for her family needs and agreed to repay the loan amount within a month, but the same was not returned as agreed. After several requests, the accused agreed to repay the loan and issued a cheque vide No.00008
The presumption under Section 139 of the Negotiable Instruments Act applies strongly in favor of the complainant, and the accused must provide substantive evidence to rebut it for a successful defens....
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....
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 complainant must prove financial capacity to lend funds in a dishonoured cheque case under the Negotiable Instruments Act, and the presumption of liability under Section 139 can be rebutted by th....
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 burden is on the complainant to prove financial capacity when questioned; a mere presumption does not suffice if evidence is lacking.
The failure of the accused to respond to a statutory notice under the Negotiable Instruments Act supports the presumption of debt and liability, which the accused must rebut with credible evidence.
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.
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