9911796707
TMI Blog2023 (8) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... aid Section, in which case the evidential burden will be on the accused to prove that there was no debt or liability. Whether the presumption is rebutted or not would depend upon the facts and circumstances of each case. As stated already, PW1 gave evidence that the cheque in question was issued by the revision petitioner towards the discharge of the loan liability. Both courts below found that the evidence tendered by PW1 is sufficient to prove the execution of the cheque. The defence case is that, the cheque in question was issued in blank as a security by the revision petitioner at the time of executing the hire purchase agreement. When a blank cheque leaf is voluntarily signed and handed over by the accused towards some payment, it woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the legally enforceable debt and execution of it has been satisfactorily proved. There are no impropriety or illegality in the judgments of the court below warranting interference under the exercise of revisional powers vested with the courts. Thus the judgment of conviction rendered by both the court below does not warrant any interference. The revision petitioner shall appear before the trial court within two months from today to suffer the imprisonment till rising of the court. On that day, he shall deposit the fine amount of Rs.77,000/- also. In default of payment of fine amount, the revision petitioner shall suffer simple imprisonment for a period of three months - revision petition allowed in part. - THE HONOURABLE DR. JUSTIC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Additional Sessions Court, Thrissur (for short, 'the appellate court'). It is challenging the judgment of the trial court as well as the appellate court, this revision petition has been preferred by the revision petitioner. 3. I have heard Sri.P.M.Rafiq, the learned counsel for the revision petitioner and Sri.Sabu S. Kallaramoola, the learned counsel for the respondent No.1. 4. The respondent No.1 is a financing company. The authorized representative of the respondent No.1 was examined as PW1. Exhibits P1 to P10 were marked on the side of the prosecution. PW1 gave evidence in tune with the allegations in the complaint. He deposed that the revision petitioner stood as surety for the hire purchase loan availed by his father and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion was issued in blank as a security by the revision petitioner at the time of executing the hire purchase agreement. When a blank cheque leaf is voluntarily signed and handed over by the accused towards some payment, it would attract presumption under Section 139 of the N.I.Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt. (See Bir Singh v. Mukesh Kumar [2019 (1) KHC 774]). So far as the second contention is concerned, it is true that the respondent No.1 re-possessed the vehicle and sold it. But the evidence on record would show that after repossessing the vehicle, the notice was issued for the balance amount and in response of the said notice, the revision petitioner as the suret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgments of both the courts below. Both the courts below concurrently found that the cheque in question was issued towards the legally enforceable debt and execution of it has been satisfactorily proved. I find no impropriety or illegality in the judgments of the court below warranting interference under the exercise of revisional powers vested with the courts. Thus the judgment of conviction rendered by both the court below does not warrant any interference. 8. The learned counsel for the revision petitioner submitted that the cheque in question was issued as part of the business transaction and hence the substantive sentence of imprisonment passed by the courts below is not proportionate to the offence allegedly committed by the revis ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
