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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.VIJAYAKUMAR
S.Gunasundari – Appellant
Versus
Karthika V.Laxmi – Respondent
| Table of Content |
|---|
| 1. facts of the case and background of the proceedings under section 138 ni act (Para 1 , 2 , 3 , 4 , 6 , 7 , 8) |
| 2. arguments advanced by both sides on maintainability and enforceability (Para 9 , 10 , 11 , 12) |
| 3. court discusses statutory presumption and precedents while refusing pre-trial quashing (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. final conclusion dismissing the petitions and directing trial (Para 21) |
ORDER :
R.VIJAYAKUMAR, J.
These petitions have been filed by the accused in STC.Nos. 625 to 628 of 2025 on the file of the Judicial Magistrate No.II, Kulithalai seeking to quash the proceedings initiated under Section 138 Negotiable Instruments Act which have been initiated by the respondent herein.
(A).Facts leading to the filing of these petitions are as follows:
2.The accused (Mrs.Gunasundari)/petitioner is the legally wedded wife of one Senthil Kumar. The defacto complainant claims that she had married the said Senthil Kumar as the second wife without having knowledge about the subsisting first marriage.
3.It is alleged that Senthil Kumar had borrowed a huge sum of Rs.5 crores from the defacto complainant (Karthika V.Laxmi). The said Senthil Kumar is said to have
Section 138 NI Act proceedings cannot be quashed at a pre-trial stage when statutory requirements are met, as the question of legally enforceable debt must be examined only at trial under the Section....
The legal provisions of the NI Act create a deeming offence for dishonour of cheques and establish a presumption of debt or liability upon the holder of the cheque, with a reverse onus cast on the ac....
(1) Dishonour of cheque – At stage of issuance of process, statutory presumption under Section 139 of N.I. Act cannot be dislodged in a summary manner merely by contending that cheque issued was not ....
Even a blank cheque leaf, voluntarily signed and handed over by accused, which is towards some payment, would attract presumption under Section 139 of Negotiable Instruments Act.
A drawer of a cheque may incur liability under Section 138 of the Negotiable Instruments Act unless they can sufficiently rebut the statutory presumptions of consideration and debt.
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