Case Note & Summary
The petitioner, Kinetic Engineering Ltd., a public limited company, filed a Criminal Writ Petition before the High Court of Bombay at Aurangabad challenging the order dated 10.11.2017 passed by the learned Additional Sessions Judge, Ahmednagar, in Criminal Revision Application No. 31/2011. The revisional court had dismissed the revision and upheld the order of the 3rd Judicial Magistrate, First Class, Ahmednagar, convicting the petitioner under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque due to insufficient funds. The petitioner argued that the revisional court erred in not considering the merits of the case. The High Court, after hearing the counsel for both parties, found that the concurrent findings of fact regarding the existence of a legally enforceable debt and the dishonour of the cheque were correct. The court held that there was no ground to interfere with the revisional order and dismissed the writ petition. The judgment was pronounced on 21st March 2018 by Justice K. L. Wadane.
Headnote
A) Criminal Law - Dishonour of Cheque - Section 138 Negotiable Instruments Act, 1881 - Presumption of Legally Enforceable Debt - The petitioner challenged the order of the Additional Sessions Judge dismissing the criminal revision against conviction. The court held that the concurrent findings of fact regarding the existence of a legally enforceable debt and the dishonour of cheque due to insufficient funds were correct and did not warrant interference. (Paras 1-2)
Issue of Consideration
Whether the revisional court erred in dismissing the criminal revision application and upholding the conviction under Section 138 of the Negotiable Instruments Act, 1881.
Final Decision
The High Court dismissed the Criminal Writ Petition, upholding the order of the Additional Sessions Judge dismissing the Criminal Revision Application No. 31/2011 and confirming the conviction under Section 138 of the Negotiable Instruments Act, 1881.
Law Points
- Section 138 Negotiable Instruments Act
- 1881
- Dishonour of Cheque
- Presumption of Legally Enforceable Debt
- Revisional Jurisdiction
- Concurrent Findings of Fact
Case Details
2018 LawText (BOM) (03) 1
Criminal Writ Petition No. 1675 of 2017
Mr. R.R. Mantri for Petitioner, Mr. A.P. Basarkar APP for Respondent No. 1, Mr. N.V. Gaware for Respondent No. 2
The State of Maharashtra, The Municipal Corporation, Ahmednagar
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Nature of Litigation
Criminal Writ Petition challenging the order of the Additional Sessions Judge dismissing Criminal Revision Application No. 31/2011 which upheld conviction under Section 138 of Negotiable Instruments Act, 1881.
Remedy Sought
Petitioner sought to quash the revisional order and set aside the conviction.
Filing Reason
Petitioner was convicted for dishonour of cheque due to insufficient funds and the revisional court dismissed the revision.
Previous Decisions
The 3rd Judicial Magistrate, First Class, Ahmednagar convicted the petitioner under Section 138 of Negotiable Instruments Act, 1881. The Additional Sessions Judge, Ahmednagar dismissed Criminal Revision Application No. 31/2011 on 10.11.2017.
Issues
Whether the revisional court erred in dismissing the criminal revision application and upholding the conviction under Section 138 of the Negotiable Instruments Act, 1881.
Submissions/Arguments
Petitioner argued that the revisional court did not consider the merits of the case and erred in dismissing the revision.
Respondents supported the concurrent findings of fact and argued that no interference was warranted.
Ratio Decidendi
Concurrent findings of fact regarding the existence of a legally enforceable debt and dishonour of cheque due to insufficient funds are correct and do not warrant interference in writ jurisdiction.
Judgment Excerpts
Rule. Rule made returnable forthwith. By consent of the learned counsel for both parties, this petition is taken up for final hearing.
The petitioner has challenged the order passed by the learned Additional Sessions Judge, Ahmednagar, in Criminal Revision Application No. 31/2011 dated 10.11.2017, by which the Criminal Revision is dismissed and the order passed by the 3rd Judicial Magistrate, First Class, Ahmednagar is confirmed.
Procedural History
The petitioner was convicted by the 3rd Judicial Magistrate, First Class, Ahmednagar under Section 138 of Negotiable Instruments Act, 1881. The petitioner filed Criminal Revision Application No. 31/2011 before the Additional Sessions Judge, Ahmednagar, which was dismissed on 10.11.2017. The petitioner then filed Criminal Writ Petition No. 1675 of 2017 before the High Court of Bombay at Aurangabad, which was dismissed on 21.03.2018.
Acts & Sections
- Negotiable Instruments Act, 1881: 138
