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2025 Supreme(Online)(Mad) 79651

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SHAMIM AHMED, J
S.Paritha Banu – Appellant
Versus
M.Prabhu – Respondent
Crl.RC(MD).No.1439 of 2025 | Crl.A.No.44 of 2023 | CC.No.503 of 2017



Advocates:
For the Appellants/Petitioners: Mr.N.Pragalathan
For the Respondents: Mr.N.Shanmuga Selvam

The non-denial of the cheque's signature by the accused upholds the presumption of a legally enforceable debt under Section 139 of the Negotiable Instruments Act.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Sections 438 and 442 - Offence under Section 138 of the Negotiable Instruments Act - Conviction upheld for failure to repay cheque amount as accused did not rebut presumption of legally enforceable debt as established under Section 139 - Cheques issued for repayment of borrowed sums, deemed valid despite dishonour. (Paras 8, 17, 24)

(B) Limitation Act, 1963 - Delay in filing revision petition condoned based on justification provided by accused's counsel. (Paras 4, 18)

Facts of the case:
The accused borrowed money from the complainant and issued multiple cheques, which were dishonoured. A complaint was filed under Section 138 after notice due to non-payment of dues.

Findings of Court:
The impugned judgments find the accused guilty of the offence under Section 138 due to lack of evidence to dispute the complainant's claim. The statutory presumption under Section 139 of the NI Act was upheld as the signature on the cheque was not denied.

Issues: Whether the presumption of a legally enforceable debt exists when the signature on the cheque is undisputed.

Ratio Decidendi: The courts justified the conviction based on the presumption in favour of the complainant when the accused did not challenge the evidence against them adequately.

Result: The Criminal Revision Case is dismissed.

Table of Content
1. delay in filing revision petition condoned. (Para 1 , 4 , 18)
2. accused failed to rebut the presumption of debt. (Para 10 , 11 , 12 , 16)
3. the presumption under section 139 of ni act supports the complainant's case. (Para 17 , 19 , 20 , 24)

ORDER

1. This Criminal Revision Case is filed against the judgement of conviction and sentence, dated 04.12.2024, passed in Crl.A.No.44 of 2023, by the Principal District Sessions Court, Karur, confirming the judgement of conviction and sentence, dated 23.02.2023, passed in CC.No.503 of 2017, by the Judicial Magistrate Court, FTC, Karur and to set aside the same.

2. When this Criminal Revision Case at the numbering stage, along with the application in Crl.MP(MD).No.8510 of 2025, seeking to condone the delay of 27 days in filing the said Criminal Revision Case, came up for consideration on 04.07.2025, before the Coordinate Bench of this Court, notice was ordered to the Respondent/Complainant and the matter was ordered to be listed on 31.07.2025.

3. When the said application in Crl.MP(MD).No.8510 of 2025, seeking to condone the delay of 27 days in filing the Criminal Revision Case came before the Coordinate Bench of this Court on 31.07.2025, the Coordinate Bench of this Court, by order dated, 31.07.2025, had passed the following order:-

“The petitioner is directed to deposit 20% of the compensation amount to the credit of C.C.No.503 of 2017 on the file of the learned Judicial Magistrate (Fast Track Court), Karur, on or before 29.08.2025.

2.Post the matter on 05.09.2025, under the caption 'for reporting compliance'.”

4. Thereafter, at the time when considering the matter on 18.09.2025 “For Reporting Compliance” by this Court, it was reported by the learned counsel for the Revision Petitioner that the Revision Petitioner/Accused had no means to pay the 20% of the compensation amount, as ordered by the Coordinate Bench of this Court. This Court, by order dated 18.09.2025, had passed the following order in Crl.MP(MD).No.8510 of 2025, adjourning the matter to 12.11.2025:-

“This Criminal Miscellaneous Petition has been filed to condone the delay of 27 days in filing the above Criminal Revision Case.

2.The matter is listed today under the caption 'for reporting compliance'

3.The Co-ordinate Bench of this Court, vide order dated 31.07.2025, had passed the following order:-

“The petitioner is directed to deposit 20% of the compensation amount to the credit of CC.No.503 of 2017 on the file of the learned Judicial Magistrate (Fast Track Court), Karur, on or before 29.08.2025.

2.Post the matter on 05.09.2025, under the caption 'for reporting compliance'”

4.The learned counsel for the petitioner submits that the petitioner has not made compliance of the order dated 31.07.2025 passed in CC.No.503 of 2017 on the file of the learned Judicial Magistrate (Fast Track Court), Karur, as he has no means to pay the 20% of the compensation amount.

5.Mr.S.Shanmuga Selvam, learned counsel for the respondent also submits that the petitioner has not paid 20% of the compensation amount to the credit of CC.No.503 of 2017 on the file of the learned Judicial Magistrate (Fast Track Court), Karur, as directed by the Co-ordinate Bench of this Court in Crl.M.P.(MD) No.8510 of 2025 in Crl.R.C.(MD) SR.No.23421 of 2025, vide order dated 31.07.2025. He further submits that the respondent will move an appropriate application before the trial Court for arrest of the petitioner and prays for adjournment in this regard.

6.Accordingly, as prayed for by the learned counsel for the respondent, adjournment is allowed.

7.Put up this case 'for orders' on 12.11.2025 before the appropriate Bench.”

5. This Court, on 12.11.2025, had passed the following order, condoning the delay of 27 days in filing the above said Criminal Revision Case and directing the Registry to number the same:_

“Heard Mr.N.Pragalathan, learned counsel for the Revision Petitioner and Mr.N.Shanmuga Selvam, learned counsel for the Respondent.

2. Mr.N.Pragalathan, learned co

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