A Criminal Revision against conviction and sentence for cheque dishonour under Section 138 NI Act. The High Court held that the accused failed to rebut the presumption of law arising from Section 139 with a probable defence or evidence.
Revision dismissed; two weeks time granted to petitioner to surrender and undergo remaining sentence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BAIL SLIP
The Petitioner / Accused Kanagadurai, Proprietor was released on bail as per Order of this Court dated 18.01.2019 in Crl.M.P.No.824 of 2019 in Crl.R.C.No.No.84 of 2019 on the file of this Court.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2022
CORAM:
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.No.84 of 2019
Kanagadurai
...Petitioner
Versus
1.K.S. Santhosh, Proprietor M/s. Quality Equipments & Suppliers, No.213, Rangakonar Street, Ram Nagar (PO), Kattoor, Coimbatore.
2.The State, Rep. by Public Prosecutor, Coimbatore. ...Respondents
Criminal Revision Case filed under Section 397 read with Section 401 of Cr.P.C., to set aside the judgment of dismissal passed in C.A.No. 100 of 2017, dated 26.09.2018 passed by the learned III Additional District and Sessions Judge, Coimbatore, confirming the judgment of conviction passed in C.C.No. 58 of 2015 by the learned Judicial Magistrate [Fast Track Court No.I], Coimbatore, dated 13.04.2017.
For Petitioner : Mr.V.Sivakumar For R1 : Mr.T.Muthukrishnan For R2 : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)
ORDER
This Criminal Revision Case is filed by the petitioner/accused aggrieved by the judgment of the learned Judicial Magistrate [Fast Track Court No.I], Coimbatore, dated 13.04.2017 passed in C.C.No. 58 of 2015 in and by which, he was convicted for the offence under Section 138 of the Negotiable Instruments Act, and sentenced to undergo simple imprisonment for a period of six months and to pay the cheque amount of Rs.2,00,000/- as compensation within two months from the date of the judgment, which was confirmed by the judgment of the learned III Additional District and Sessions Judge, Coimbatore, dated 26.09.2018 in C.A.No. 100 of 2017 by dismissing the appeal.
of the year 2012-2013, the machineries were supplied. The complainant also clearly stated about the factum of delivery of the goods supplied. In the Cross-examination the accused did not elicit any further answer in his favour. In any event, the petitioner-accused admitted having issued a cheque, the complainant presented it but it was dishonoured. On such dishonour, a demand notice was issued and thereby the complainant raised a valid presumption under Section 118 of the Negotiable Instruments Act, read with Section 139 of the said Act. The accused has not raised his little finger to rebut the presumption and therefore, the Lower Appellate Court was right in confirming the conviction imposed by the trial Court. He therefore prayed for dismissal of the Revision.
time from today is granted to the petitioner/accused to surrender and undergo the remaining period of sentence.
Sd/-
Assistant Registrar(CS-VI) // True Copy //
Sub Assistant Registrar
msm
To
1.The III Additional District and Sessions Judge, Coimbatore. 2.The Judicial Magistrate, Fast Track Court No.I, Coimbatore. 3.The Public Prosecutor, Coimbatore. 4.The Public Prosecutor, High Court, Madras. +1cc to Mr.V.Sivakumar, Advocate Sr.No.38750
+1cc to Mr.T.Muthukrishnan, Advocate Sr.No.39236
Crl.R.C.No. 84 of 2019
AD(CO) RVM(15/07/2022)
3 issues framed by the court
Whether the accused rebutted the presumption of law under Section 139 of the Negotiable Instruments Act by providing a probable defence.
Whether the alleged transaction for supply of machinery was valid and supported by evidence.
Whether the presentment of dishonoured cheque coupled with demand notice successfully establishes liability under Section 138.
4 provisions across 2 enactments
Kanagadurai
K.S. Santhosh
The State
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
