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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
Arjun Vikram – Appellant
Versus
B.Vijay Anand – Respondent
ORDER :
G.K. Ilanthiraiyan, J.
Crl.R.C.No.1413 of 2022 has been filed against the Judgment 16.06.2022 passed in C.A.No.176 of 2019 on the file of the VII Additional District and Sessions Court, Chennai, thereby confirming the Judgment of conviction and sentence imposed in C.C.No.12002 of 2014, dated 07.03.2019, on the file of the Metropolitan Magistrate, Fast Track Court No.II, Egmore at Allikulam, Chennai, for the offence punishable under Section 138 of the Negotiable Instruments Act.
2. Crl.R.C.No.1414 of 2022 has been filed against the Judgment dated 16.06.2022 passed in C.A.No.175 of 2019 on the file of the VII Additional District and Sessions Court, Chennai, thereby confirming the Judgment of conviction and sentence imposed in C.C.No.3274 of 2016, dated 25.03.2019, on the file of the Metropolitan Magistrate, Fast Track Court No.II, Egmore at Allikulam, Chennai, for the offence punishable under Section 138 of the Negotiable Instruments Act.
3. Though the present revisions are arising out of different Calendar Cases and Criminal Appeals involving different respondents/complainants, the accused in both the cases is one and the same. The complainants, who are brothers, had initiated p
Presumption under Sections 118/139 of NI Act rebuttable by preponderance of probabilities via cross-examination and circumstances showing cheques for security, not debt; accused need not testify; onu....
The court found that the accused, acting as guarantors, were not liable under Section 138 of the Negotiable Instruments Act, as no enforceable debt existed at the time of cheque issuance.
The main legal point established in the judgment is that a cheque issued as security for a legally enforceable debt or liability falls under Section 138 of the Negotiable Instruments Act.
The presumption in favor of the cheque holder established under the Negotiable Instruments Act can be rebutted by the accused through a probable defense, and the prosecution must prove the existence ....
The main legal point established in the judgment is the successful rebuttal of the presumption of a legally enforceable debt under Section 139 of the Negotiable Instruments Act, leading to the failur....
The main legal point established in the judgment is the importance of evidence in rebutting the presumption available to the complainant under Sec. 139 of the N.I. Act and the impact of civil court j....
The accused's failure to raise a probable defense or contest the existence of a legally enforceable debt or liability triggers the statutory presumption under Section 139 of the Negotiable Instrument....
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