Case Note & Summary
The case arises from a complaint under Section 138 of the Negotiable Instruments Act, 1881. The complainant, P.S. Poovaiah, alleged that the accused, P.K. Bopanna, borrowed Rs. 1,50,000 and issued a post-dated cheque dated 13.06.2018, agreeing to repay within 15 days. The complainant did not present the cheque immediately but presented it on 05.12.2018, when it was dishonoured due to insufficient funds. A legal notice was issued, but the accused did not reply. The Trial Court convicted the accused, and the Appellate Court confirmed the conviction. The accused filed a revision petition before the High Court. The main contention was that the cheque was not presented within the agreed 15-day period. The High Court held that Section 138 does not require presentation within any agreed period; it only requires presentation within the validity period of the cheque. Since the cheque was presented within six months from its date, the presentation was valid. The court also noted that the accused failed to rebut the presumption under Section 139. The concurrent findings of fact were not perverse, and the revision was dismissed.
Headnote
A) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Presentation of Cheque - The complainant presented the cheque on 05.12.2018, which was dated 13.06.2018, i.e., within six months from the date of the cheque. The accused contended that the cheque was not presented within 15 days as agreed. The court held that there is no requirement under Section 138 that the cheque must be presented within the period agreed between the parties; it is sufficient if presented within its validity period. The conviction was upheld. (Paras 3-5) B) Criminal Procedure - Revision - Scope - Section 438 BNSS - The revision petition challenged concurrent findings of fact. The court held that in revision, it cannot re-appreciate evidence unless there is a perversity or illegality. No such error was found, and the petition was dismissed. (Para 5)
Issue of Consideration
Whether the conviction under Section 138 of the Negotiable Instruments Act, 1881 is sustainable when the cheque was presented beyond the period agreed between the parties but within the validity period of the cheque?
Final Decision
The revision petition is dismissed. The judgments of the Trial Court and Appellate Court are confirmed. The conviction under Section 138 of the Negotiable Instruments Act, 1881 is upheld.
Law Points
- Section 138 Negotiable Instruments Act
- 1881
- presentation of cheque within validity period
- dishonour due to insufficient funds
- presumption under Section 139
- failure to reply to legal notice
- concurrent findings of fact
- scope of revision under Section 438 BNSS
