Accused's failure to present evidence rebutted the presumption of liability under Section 139 of the Negotiable Instruments Act, leading to conviction under Section 138.

ORDER

This Criminal Revision Case is filed against the judgement of conviction and sentence, dated 28.08.2024, passed in Crl.A.No.9 of 2024, by the learned I Additional District and Sessions Judge, (PCR), Thanjavur, confirming the judgement of conviction and sentence, dated 28.11.2023, passed in STC.No.126 of 2021, by the Judicial Magistrate, Fast Track Court, Thanjavur.

2.The facts of the case in a nutshell, led to filing of this Criminal Revision Case and necessary for disposal of the same, are as follows:-

a) The Revision Petitioner is the accused and the Respondent is the Complainant. It is alleged that the Revision Petitioner/ Accused had borrowed a sum of Rs.10,00,000/- from the Respondent/Complainant on 19.08.2018 and to discharge the said debt, the Revision Petitioner/Accused had issued two cheques, bearing Nos.845689 and 845690, dated 23.03.2021 and 14.04.2021 respectively for a sum Rs. 5,00,000/- each drawn on Indian Overseas Bank, Thuraiyur Madhurapuri Branch in favour of the Respondent/Complainant. When the said cheques were presented for encashment on 21.06.2021, the same was returned with the endorsement “Funds Insufficient”. Thereafter, the Respondent/Complainant had issued a notice, dated 16.07.2021, to the Revision Petitioner/Accused and on receipt of such notice, the Revision Petitioner/accused sent a reply, which was received by the Respondent/Complainant on 05.08.2021. Thereafter, the Respondent/Complainant had filed a complaint in STC.No.126 of 2021 before the Trial Court, against the Revision Petitioner/Accused, for the offence under Section 138 of the Negotiable Instruments Act, for recovery of the cheque amount.

b) The signature of the Revision Petitioner/Accused on the cheques, bearing Nos.845689 and 845690, dated 23.03.2021 and 14.04.2021 respectively for a sum Rs.5,00,000/- each drawn on Indian Overseas Bank, Thuraiyur Madhurapuri Branch, issued by the Revision Petitioner/Accused, in favour of the Respondent/Complainant towards the discharge of liability to the tune of Rs.10,00,000/- was not denied.

c) After completion of trial, by the impugned judgement of conviction and sentence, the Trial Court, found that the Revision Petitioner/Accused had not denied the issuance of the cheque in question, the signature found in the cheque in question and also dishonour of the same and that as the Revision Petitioner/Accused has not rebutted the presumption under Section 139 of the Negotiable Instruments Act, by letting in valid evidence, had convicted and sentenced the Revision Petitioner/Accused for the offence under Section 138 of the Negotiable Instruments Act, to undergo one year simple imprisonment and to pay a compensation of Rs.10,00,000/-, in default, to undergo two months simple imprisonment. The lower appellate court, by its impugned judgement, dated 28.08.2024, by confirming the conviction and sentence, had dismissed the appeal. Hence, this Criminal Revision Case has been filed by the Revision Petitioner/Accused.

3.On 18.11.2025, when the matter came up for consideration, this Court had passed the following order:-

“Heard Mr.G.B.Kaverimani, learned counsel representing Mr.C.M.Arumugam, learned Counsel appearing for the Revision Petitioner and Mrs.Rekha, learned Counsel representing Mrs.A.Zubaitha Banu, learned Counsel for M/s.Taplaw Office, appearing for the Respondent.

2.This Criminal Revision Petition has been filed to call for the records and set aside the judgment in Crl.A.No.9 of 2024, dated 28.08.2024 on the file of the 1st Additional District and Sessions Court (PCR), Thanjavur, confirming the judgment passed in S.T.C.No.126 of 2021, dated 28.11.2023 on the file of the learned Judicial Magistrate Fast Track Court at Magisterial Level, Thanjavur, wherein the Revision Petitioner, was convicted for offence under Section