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W. DIENGDOH
Dasara Suting – Appellant
Versus
Lina Kharsyntiew – Respondent
JUDGMENT
1. This is a revision petition preferred by the petitioner herein, under Section 397 Cr.P.C., being aggrieved by the judgment and order dated 27.01.2020 passed by the learned Judicial Magistrate First Class, Shillong in C.R. Case No. 1741(S) of 2013.
2. The brief background of the case is that the petitioner has obtained a loan from the respondent for an amount of Rs. 10,00,000/-(Rupees ten lakhs) only by deposit of her land documents in respect of her landed property situated at New Colony, Laitumkhrah, Shillong. Thereafter, the petitioner has repaid Rs. 4,00,000/- (Rupees four lakhs) only in two instalments of Rs. 3,00,000/- (Rupees three lakhs) only and Rs. 1,00,000/- (Rupees one lakh) only respectively. Then for repayment of the remaining amount, she has handed over a blank cheque to the respondent.
3. The respondent then entered an amount of Rs. 10,00,000/- (Rupees ten lakhs) only in the cheque and proceeded to encash the same, but due to insufficiency of fund, the same was dishonoured. The respondent caused issue of a notice upon the petitioner who replied by stating that the amount of Rs. 10,00,000/- (Rupees ten lakhs) only is not correct as Rs. 4,00,000/-(Rupees fou
A revision petition is not maintainable when the appropriate legal route for appeal has not been followed, emphasizing adherence to established procedural statutes.
The statutory presumption of a legally enforceable debt under Sections 118 and 139 of the Negotiable Instruments Act applies once the foundational fact of borrowing is established, shifting the burde....
The presumption of issuance of a cheque for a legally recoverable debt under Section 139 of the N.I. Act can only be rebutted by the accused through credible evidence, which the petitioner failed to ....
The omission of particulars in lending does not negate a conviction for dishonor of a cheque if sufficient evidence of issuance exists; excessive interest imposition may be modified.
The limited scope of the revisional jurisdiction does not permit overturning lower court decisions unless gross errors or misreadings are demonstrated.
The main legal point established in the judgment is the validity of the conviction under Section 138 of the N.I.Act based on evidence of borrowal of money, issuance of cheque, and service of notice.
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