Rajan v. Devadasan
Case brief
What is this about?
Madras High Court reviewed conviction in cheque dishonour case under Section 138 NI Act. Court found trial courts did not err. Modified sentence to allow payment of cheque amount within 8 weeks instead of immediate imprisonment.
What did the court decide?
Conviction confirmed. Sentence modified: Petitioner to deposit Rs.1,38,000 within 8 weeks; if failed, original sentence restored automatically.
What the court decided
Crl.R.C.(MD)No.274 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.R.C(MD)No.274 of 2016
Rajan ... Petitioner/Accused
Vs
Devadasan ... Respondent/Complainant
PRAYER: Petition filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records from the lower Courts and set aside the Judgment of the Appellate Court passed by the learned IV Additional District and Sessions Judge, Tirunelveli in C.A.No.73 of 2014, dated 31.03.2016 confirming the Judgment of the learned District Munsif cum Judicial Magistrate Court, Nanguneri, Tirunelvei in C.C.No.105 of 2012, dated 10.09.2014 by allowing this revision.
For Petitioner : Mr.G.Karuppasamy Pandian For Respondent : Mr.J.Ashok
Issues for consideration
3 issues framed by the court
Whether the finding of conviction in a cheque bounce case is perverse or requires material irregularity to be set aside in revision.
Whether the presumption under Section 139 of the Negotiable Instruments Act was rebutted by the accused.
Whether the sentence of imprisonment warrants modification in light of the lapse of time and age of the petitioner.
Parties & counsel
- petitioner
Rajan
- respondent
Devadasan
Coram
G.R.Swaminathan
Case details
As recorded by the court registry
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