Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1209 - HC - Indian LawsDishonor of Cheque - repayment of borrowed loan - case of petitioner is that he never borrowed any amount much less the sum of ₹ 1,25,000/- from the complainant - presumption under Section 139 of the Negotiable Instruments Act - Held that - This Court finds that the private complainant by his oral evidence in P.W.1 coupled with the documentary evidence of Exs.P.1 to P.8 and taking into account the fact that the accused has not disputed the signature in the cheque, both the Courts below have rightly come to the conclusion that he is entitled for a presumption under Section 139 of the Negotiable Instruments Act. Though the revision petitioner / accused has taken several grounds, he failed to probabilise his suggestive case. However, for the reasons recorded in the preceding paragraphs, in the absence of any positive evidence to indicate that the accused alone has actually travelled on the date and using the tickets travelled Thakkalay and come back to Thanjavur, the plea of alibi on the date of issuance has not been proved in the manner known to law. The finding of the Lower Appellate Court that the revision petitioner / accused miserably failed to probabilise the suggestive case being well considered and well merited does not warrant any interference by this Court at this revisional stage and accordingly, this Court holds that the revision petitioner / accused having failed to probabilised his suggestive case, there is no merit in this Revision Case. Criminal Revision Case is dismissed.
Issues involved:
1. Conviction and sentence confirmation by the Additional Sessions Judge. 2. Alleged borrowing of money and dishonored cheque issuance. 3. Defense of the accused regarding borrowed amount and security provided. 4. Examination of witnesses and documentary evidence. 5. Presumption under Section 139 of the Negotiable Instruments Act. 6. Rebuttal of presumption and failure to prove alibi. 7. Issuance of cheque for passport purposes and financial capacity contention. 8. Rejection of contentions and dismissal of the Criminal Revision Case. Issue 1: Conviction and sentence confirmation by the Additional Sessions Judge The revision petitioner, the sole accused, filed a Criminal Revision Case to challenge the judgment passed by the Additional Sessions Judge confirming his conviction and sentence recorded by the District Munsif cum Judicial Magistrate. The respondent had filed a private complaint alleging the accused borrowed a sum of money but issued a dishonored cheque instead of repayment. Issue 2: Alleged borrowing of money and dishonored cheque issuance The respondent accused the revision petitioner of borrowing a sum of money and issuing a dishonored cheque as repayment. The accused contended that he provided the cheque and other securities as collateral for a loan to go abroad, denying the borrowing of any money. The accused's defense was based on the premise that the cheque was not issued for consideration but as security. Issue 3: Defense of the accused regarding borrowed amount and security provided The accused presented a defense that he did not borrow any money but provided the cheque and other documents as security for a loan. The accused claimed that the respondent's involvement in a criminal case prevented him from obtaining a passport, leading to the issuance of the cheque for visa purposes in another person's name. Issue 4: Examination of witnesses and documentary evidence Both parties presented their cases through witnesses and documentary evidence. The respondent examined himself and provided documentary evidence, while the accused also testified and presented witnesses and exhibits to support his defense. The Courts considered the oral and documentary evidence presented by both sides. Issue 5: Presumption under Section 139 of the Negotiable Instruments Act The Court noted that the cheque in question was issued by the accused, and his signature was admitted. Consequently, the presumption under Section 139 of the Negotiable Instruments Act favored the respondent, shifting the burden to the accused to rebut the presumption. Issue 6: Rebuttal of presumption and failure to prove alibi The accused failed to substantiate his defense and rebut the presumption under Section 139. The Court found that the accused's alibi was not proven satisfactorily, as there was no concrete evidence to support his claim of being elsewhere on the date in question. Issue 7: Issuance of cheque for passport purposes and financial capacity contention The accused's claim that the cheque was issued for passport purposes and the respondent's alleged lack of financial capacity to lend the amount were raised as contentions. However, the Court found these arguments unsubstantiated due to the lack of evidence supporting the accused's claims. Issue 8: Rejection of contentions and dismissal of the Criminal Revision Case After thorough consideration of the evidence and arguments presented, the Court dismissed the Criminal Revision Case, confirming the conviction and sentence imposed by the lower courts. The Court found that the accused failed to prove his defense and rejected his contentions regarding the issuance of the cheque and the respondent's financial capacity. This detailed analysis of the judgment highlights the key issues involved, the arguments presented by both parties, the evaluation of evidence, and the ultimate decision of the Court to dismiss the Criminal Revision Case.
|