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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
P.Kandasamy S/o. Perumal Gounder – Appellant
Versus
Rajhakalai Finance, Rep. By its Managing Partner A.Chellapillai S/o. P.Alagesan – Respondent
ORDER :
G.K. ILANTHIRAIYAN, J.
1. These revision petitions have been filed against the orders passed in various Criminal Appeals on the file of the Additional District Judge, FTC, Mettur, thereby confirming the orders of conviction and sentence imposed by the Trial Court in various STCs on the file of the Judicial Magistrate No. II, Mettur, for the offences punishable under Section 138 of the Negotiable Instruments Act.
2. The petitioners are the accused in the complaints lodged by the respondents, filed under Section 138 of the Negotiable Instruments Act, alleging that, though the petitioners were registered under the TWAD Board Contract, they borrowed a substantial sum of money from the respondent-finance company and agreed to repay the said amount along with interest at the rate of 15% per annum. Accordingly, an agreement was entered into with the respondent-finance. In order to repay the said loan amount, the petitioners issued cheques. However, all the cheques were returned dishonoured for the reason 'Funds insufficient'. After issuing a statutory notice, the respondent filed the complaints.
3. On the side of the respondents, two witnesses were examined as PW1 and PW2, and 11 docu
The legal enforcement of Section 138 of the Negotiable Instruments Act is affirmed with an emphasis on the sufficiency of evidence and statutory notice requirements.
Conditional acquittal in cheque bounce case upon settling remaining amount after partial payment.
The presumption of issuance of a cheque for consideration under Section 139 of the Negotiable Instruments Act is not rebutted by mere denial of the transaction without evidence.
Post-conviction settlement of cheque amount justifies setting aside conviction under Section 138 NI Act.
Modification of sentence under Section 138 of the Negotiable Instruments Act balances punishment with opportunity for compensation.
The High Court will not interfere with concurrent findings of lower courts unless there is a clear indication of perversity or jurisdictional error.
Accused cannot rebut statutory presumption under Sections 118 and 139 of Negotiable Instruments Act without entering witness box.
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