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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Mediaone Global Entertainment Ltd., Rep By Its Authorised Signatory, J. Murali Manohar – Appellant
Versus
Ad Bureau Advertising Pvt Ltd., Rep By Mr. Abirchand Nahar – Respondent
| Table of Content |
|---|
| 1. petitioners' borrowing and payment details. (Para 1 , 2 , 3 , 4) |
| 2. court's findings on cheque validity. (Para 5 , 19 , 20 , 24) |
| 3. petitioners' arguments against liability. (Para 6 , 7) |
| 4. nature of liability and variance in claims. (Para 12 , 13 , 14 , 16 , 17 , 18) |
| 5. compensatory focus of section 138. (Para 30 , 31) |
| 6. final order and modification of sentence. (Para 32) |
ORDER :
SUNDER MOHAN, J.
The Criminal Revision Case is filed by the petitioners/A1 & A2 challenging the judgment dated 04.08.2023 in Crl.A.199 of 2021 on the file of the VI Additional City Civil Court, Chennai, thereby confirming the judgment dated 04.12.2021 in CC.No.5702 of 2016 on the file of the Metropolitan Magistrate Fast Track Court No.1, Allikulam, Egmore, Chennai, convicting the petitioners for the offence under Section 138 of the Negotiable Instruments Act and sentencing the 2nd petitioner to undergo simple imprisonment for six months and to pay a compensation of Rs.7,70,00,000/-, in default to undergo simple imprisonment for a further period of six months.
2(i) The case of the respondent/complainant as stated in the complaint before the trial Court for the offence under Section 138 of the Ne
The court confirmed the presumption of liability under Section 138 of the Negotiable Instruments Act, emphasizing the importance of establishing a legally enforceable debt in cheque dishonor cases.
Admission of cheque issuance triggers presumption of debt under NI Act; security cheque liable for existing liability; unlicensed moneylender's NI complaint maintainable; revisional court defers to c....
Admission of cheque signature triggers presumption under Sections 118(a) and 139 NI Act of debt discharge; security cheques attract Section 138 liability on dishonour; accused must rebut with evidenc....
Admission of cheque signature raises presumption under NI Act ss.118(a),139 of debt discharge; accused must rebut with evidence, not mere denial. Revisional jurisdiction bars reappreciation absent pe....
[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....
Upon issuance and signature of a cheque, the statutory presumption under Section 139 of the Negotiable Instruments Act shifts the onus to the accused to prove absence of debt; a security cheque is en....
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