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TMI Blog2021 (11) TMI 937X X X X Extracts X X X X X X X X Extracts X X X X ..... s it is admissible in evidence under Section 118 of NI Act. Apart from that Ex. P15 is a material document which is the petition filed by the petitioner for insolvency and there in paragraph No. 5, the petitioner who is the revision petitioner herein has specifically admitted issuance of cheque to respondent No. 1 there in, who is the respondent herein being the complainant. Hence, issuance of cheque is undisputed. Now the only defence raised is cheque is issued towards legally enforceable debt to the tune of ₹ 50,000/-. But to substantiate this contention the revision petitioner has not entered in to witness box. He has not even bothered to reply to the legal notice issued to him and failed to claim it - Admittedly the Insolvency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of conviction passed by the III Additional Senior Civil Judge and JMFC, Davanagere in CC No. 2416/2009 dated 11.03.2013 and confirmed in Crl. A. No. 45/2013 by the I Additional District and Sessions Judge, Davanagere vide order dated 21.09.2015, whereby the accused/revision petitioner was convicted for the offence under Section 138 of NI Act by imposing sentence of ₹ 6,000/- with compensation of ₹ 5,30,000/-. 2. For the sake of convenience parties herein are referred with the original ranks occupied by them before the trial Court. 3. The brief facts leading to the case are that the complainant and accused are friends and accused is the paddy merchant and in the first week of December 2006, he was in need of money for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the prosecution. The case of the accused is of total denial. However, he did not chose to lead any oral or documentary evidence in support of his defence. 6. After hearing both the parties, the learned magistrate has convicted the accused under Section 138 of NI Act. Being aggrieved by the judgment of conviction and order of sentence the accused/revision petitioner has filed an appeal before the sessions judge in Crl. A. No. 45/2013 and learned I Additional Sessions judge, Davanagere has dismissed the appeal by confirming the judgment of conviction. Being aggrieved by these concurrent findings, the accused has filed this revision. 7. Heard the arguments advanced by the learned counsel for the revision petitioner and the learned cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vour of the complainant and hence, both the Courts below are justified in convicting the accused and hence, he would contend that the revision petition is devoid of any merits and sought for rejection of the revision petition. 10. Having heard the arguments and perusing the records, it is an undisputed fact that cheque belongs to the accused and it bears his signature. This fact is undisputed fact. Though there is an endorsement by the banker that there are material alterations in the cheque that is not substantiated as name was written in English and other figures are in Kannada language. There is no bar under law that cheque should be written in particular language and even if it is written in different languages it is admissible in ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No other grounds are forthcoming to remand the matter. Further only on the ground that a new defence is raised in the revision, matter cannot be remanded to enable the revision petitioner to substantiate his defence. He has not even replied and his conduct itself disclose that he does not deserve any leniency. He has not even chosen to lead any evidence and respond to the legal notice. 13. Looking to these facts and circumstances, considering the facts that cheque has been admitted the presumption in favour of the complainant is required to be drawn which is mandatory under Section 139 of NI Act. The accused has failed to rebut the said presumption. Both the Courts below have appreciated the oral and documentary evidence in detail and h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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