Sri Chandarashekar v. Umashankar K S
Negotiable Instruments Act, 1881 – Section 138 – cheque dishonour
Case brief
What is this about?
CRL.RP No. 766 of 2018, High Court of Karnataka (Bengaluru), decided 11.08.2025 by Anant Ramanath Hegde J. Revision under Ss.397/401 CrPC against conviction under S.138 NI Act for dishonour of a Rs.3,00,000/- cheque (C.C.No.583/2011, JMFC Ramanagara; appeal dismissed in Crl.A.No.09/2018, III Addl. Sessions Judge, Ramanagara). Conviction upheld: presumption under S.138 not rebutted as accused adduced no evidence and did not testify; cheque-misuse defence unsupported; notice service established through postal acknowledgements Ex.P6/P7 with presumption of due service drawn. Sentence alone modified: one-year simple imprisonment set aside as disproportionate; balance fine within 45 days, failing which three months simple imprisonment; fine/compensation amounts released to complainant. Keywords: cheque dishonour, legally enforceable debt, presumption, rebuttal evidence, registered post notice, postal acknowledgement, sentence proportionality.