V.v.Ramani v. Esabella Samuvel
Case brief
What is this about?
The High Court allowed a criminal appeal against dismissal of a cheque bounce case. It held that admission of cheque signature invokes a presumption of legally enforceable debt under Section 139. The first appellate court was remanded for erroneous conclusion.
What did the court decide?
The appeal is allowed; the order of the Additional District Judge setting aside conviction is quashed; conviction and sentence of the lower court are restored.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2018
CORAM:
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN
Crl.A.No. 744 of 2009
V.Ramani
Vs.
1.Esabella Samuvel 2.I.Samuvel Kumaresan .. Respondents
PRAYER: Criminal Appeal filed under Section 378 of Cr.P.C. Against the judgement made in Criminal Appeal No. 4 of 2017 dated 21.04.2008 on the file of the Additional District and Sessions Judge (FTC-V), Tiruvallur. in reversing the well considered Judgment dated 09.01.2007 made in CC.No.1282 of 2004 on the file of District Munsif-cum-Judicial Magistrate, Ambattur, Chennai.
For Appellant : Mr.V.K.Sathiyamurthy For Respondents : Mr. C.Rajaghopalan
JUDGEMENT
This appeal has been directed against the judgement and order dated 21.04.2008 passed by the learned Additional District and Sessions Judge (FTC-V), Tiruvallur in C.A. No. 4/2007, wherein he set aside the judgment dated 09.01.2007 passed by the learned District Munsif-cum-Judicial Magistrate, Ambattur in C.C.No.1283 of 2004.
Issues for consideration
3 issues framed by the court
Whether the cheques were issued for discharging a legally enforceable debt despite a withdrawn cheating complaint.
Whether the presumption under Section 139 of the Negotiable Instruments Act applies when the drawer's signature is admitted.
Whether the first appellate court erred in setting aside conviction for failing to apply Section 139 principles.
Parties & counsel
- appellant
V.Ramani
- respondent
Esabella Samuvel
- respondent
Isamuvel Kumaresan
Coram
Case details
As recorded by the court registry
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