Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Peer Kumar Singh – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of cheque dishonor case. (Para 1 , 2 , 3) |
| 2. petitioner's appeal against conviction. (Para 4 , 5) |
| 3. petitioner's arguments contesting the order. (Para 6) |
| 4. opposite party's defense and arguments. (Para 7) |
| 5. court's reasoning on revisional jurisdiction. (Para 8) |
| 6. final order and confirmation of previous judgments. (Para 9) |
JUDGMENT :
1. The Petitioner, in this CRLREV, assails the judgment dated 20.03.2019 passed by the learned Sessions Judge, Angul in Criminal Appeal No.08 of 2017 whereby the judgment of conviction and order of sentence dated 22.04.2017 passed by the learned J.M.F.C., Angul in C.T. Case No.1219 of 2011 has been confirmed sentencing the Petitioner to undergo simple imprisonment for a period of one year and to pay a compensation of Rs.35,00,000/- to the Opposite Party No.2/complainant and in default of such payment, he shall further undergo simple imprisonment for a period of three months for commission of offence under Section 138 of the N.I. Act.
2. The Opposite Party No.2/ complainant and the Petitioner/ accused were working jointly for PMGSY road work and the contract on the said road work was in the name of the Petitioner Peer
The court confirmed that presumption under Sections 118 and 139 of the N.I. Act applies, shifting the burden of proof to the accused in a cheque dishonor case, with concurrent findings of fact upheld....
The drawer of a cheque under Section 138 of the N.I. Act bears the burden to rebut the presumption of liability; failure to do so can result in conviction for cheque dishonour.
In dishonored cheque cases under the N.I. Act, the presumption of debt arises upon dishonor, requiring the accused to rebut the presumption with credible evidence.
Criminal Law - Dishonoured of Cheque - Appeal against conviction - Petitioner in this case, did not raise any probable defence which would create doubts in mind of Court. Court find no reason to inte....
Revisional jurisdiction limited; no interference with concurrent conviction under NI Act S.138 absent perversity; presumption of debt under S.139 holds on signature admission unless rebutted by proba....
The main legal point established in the judgment is the application of the presumption under Section 139 of the Negotiable Instruments Act and the importance of proving the contrary to rebut the pres....
The presumption of liability under Section 139 of the Negotiable Instruments Act is valid unless a credible defense is presented, and dishonor of a cheque issued as security can lead to conviction un....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
