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IN THE HIGH COURT OF JUDICATURE AT MADRAS
,
Appellant – Appellant
Versus
Respondent/Accused – Respondent
| Table of Content |
|---|
| 1. background on cheque dishonour and trial proceedings (Para 1 , 2 , 3) |
| 2. contentions on burden of proof, resources, and presumption under section 139 (Para 4 , 5 , 6 , 7) |
| 3. court’s analysis on presumption, evidentiary burden, and failure of accused to rebut (Para 8 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. ratio from supreme court on reverse onus and burden of proof under section 139 (Para 16 , 17) |
| 5. final decision setting aside acquittal and restoring conviction (Para 18) |
JUDGMENT
The Appellant is the De facto Complainant in S.T.C. No. 304 of 2017 on the file of the learned Judicial Magistrate Fast Track Court No.1 (Magisterial level), Erode. By judgment dated 08.03.2018, the Respondent/Accused was convicted for the offence punishable under Section 138 of The Negotiable Instruments Act and was sentenced to undergo simple imprisonment for a period of six months and to pay the cheque amount of Rs.80,000/- to the De facto Complainant, failing which to undergo one month simple imprisonment. Challenging the judgment of conviction dated 08.03.2018, the Respondent/Accused preferred Criminal Appeal No. 92 of 2018. The Appellate Court, by the impugned judgment dated 28.09.2018, re
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