Case Note & Summary
The case arises from a private complaint filed by the complainant (since deceased, represented by legal representatives) against the accused-petitioner under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged that the accused issued a cheque for Rs. 2,00,000 towards repayment of a loan, which was dishonoured due to insufficient funds. After statutory notice, the accused failed to pay, leading to the complaint. The trial court convicted the accused and sentenced her to pay a fine of Rs. 2,50,000, with default sentence. The appeal was dismissed by the Sessions Court. The accused then filed a criminal revision petition under Section 397 r/w 401 Cr.PC. The High Court held that the revisional court cannot reappreciate evidence unless the findings are perverse. The accused failed to rebut the presumption under Section 139 of the NI Act. The concurrent findings were based on evidence and not perverse. The petition was dismissed, and the conviction was upheld.
Headnote
A) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Presumption under Section 139 - The accused failed to rebut the presumption that the cheque was issued for a legally enforceable debt. The concurrent findings of the trial court and appellate court were based on evidence and not perverse. (Paras 3-6)
B) Criminal Procedure Code - Revisional Jurisdiction - Section 397 - Scope - The revisional court cannot reappreciate evidence unless the findings are perverse or illegal. The High Court found no such perversity in the concurrent findings. (Paras 5-6)
Issue of Consideration
Whether the conviction under Section 138 of the Negotiable Instruments Act, 1881 was sustainable and whether the revisional court could interfere with concurrent findings of fact.
Final Decision
The criminal revision petition is dismissed. The conviction and sentence passed by the trial court and confirmed by the appellate court are upheld.
Law Points
- Presumption under Section 139 of Negotiable Instruments Act
- 1881
- Revisional jurisdiction under Section 397 Cr.PC
- Standard of proof in cheque bounce cases
- Rebuttal of presumption
Case Details
Sri. Prashanth U. T (for petitioner), Sri S. Kasinagalingam (for respondent)
Sri N Nagesh (since deceased, represented by LRs Smt. B.V. Manjula and Smt. Indu N)
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Nature of Litigation
Criminal revision petition against conviction under Section 138 of Negotiable Instruments Act, 1881.
Remedy Sought
Petitioner (accused) sought to set aside the conviction and sentence passed by the trial court and confirmed by the appellate court.
Filing Reason
The petitioner was convicted for dishonour of cheque under Section 138 of NI Act.
Previous Decisions
Trial court convicted the accused in C.C.No.3703/2019 on 04.03.2022; appeal dismissed in Crl.A.No.494/2022 on 31.08.2023.
Issues
Whether the conviction under Section 138 of the Negotiable Instruments Act, 1881 is sustainable.
Whether the revisional court can interfere with concurrent findings of fact.
Submissions/Arguments
Petitioner argued that the findings of the courts below were perverse and required interference.
Respondent supported the concurrent findings and argued that the revision petition lacked merit.
Ratio Decidendi
The revisional court cannot reappreciate evidence unless the findings are perverse or illegal. The accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881. The concurrent findings were based on evidence and not perverse.
Judgment Excerpts
Petitioner is the accused in C.C.No.3703/2019, on the file Small Causes and ACMM., at Bengaluru, who has been convicted for the offence under Section 138 of the Negotiable Instruments Act, confirmed in Crl.A.No.494/2022.
This Court is of the considered opinion that the revisional court cannot reappreciate the evidence on record unless the findings recorded by the courts below are perverse or illegal.
In the case on hand, the accused has failed to rebut the presumption that the cheque was issued for a legally enforceable debt.
Procedural History
Private complaint filed under Section 200 Cr.PC led to trial in C.C.No.3703/2019. Trial court convicted the accused on 04.03.2022. Appeal (Crl.A.No.494/2022) dismissed by Sessions Court on 31.08.2023. Revision petition filed under Section 397 r/w 401 Cr.PC.
Acts & Sections
- Negotiable Instruments Act, 1881: 138, 139
- Code of Criminal Procedure, 1973: 200, 397, 401
