Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (5) TMI 974 - HC - Indian LawsDishonor of Cheque - Section 138 of the Negotiable Instruments Act, 1881 - allegation is that neither any witness was examined nor any documents were marked as exhibits - time limitation - rebuttal of presumption - Whether the judgments under revision are perverse, illegal and erroneous warranting interference at the hands of this Court? - HELD THAT:- The first point of argument of the learned counsel for the petitioner/accused that, the cheque was returned on 22-07-2010 whereas the notice was sent on 09-09-2010, thus the notice is barred by limitation, is not acceptable. Thus, from the date of the second dishonour of the cheque which was on 31-08-2010, the notice has been sent within the statutory period as has come out in the evidence of PW-1. Even though the alleged legal notice dated 09-09-2010 sent on behalf of the complainant to the accused is not marked as an exhibit, but the reply to the said notice which is at Ex. P-11 acknowledges the receipt of the said notice dated 09-09-2010 sent on behalf of the complainant by the accused. It is only after acknowledging the receipt of the said notice, the accused has proceeded to give his reply through Ex. P-11. Therefore, in the light of the un-denied and undisputed evidence of PW-1, which is further corroborated by the evidence of postal receipt and acknowledgement at Exs. P-7 to P-10, and more particularly, in the light of the acknowledgment of receipt of the notice by the accused through his reply at Ex. P-11, the mere non-marking of a copy of the legal notice sent by the complainant to the accused is not fatal to the case of the complainant. As such, the second and the final point of argument of the learned counsel for the petitioner/accused on the said aspect is also not sustainable. Rebuttal of presumption - HELD THAT:- The un-denied evidence of PW-1 which is further corroborated by Exs. P-1 to P-12 would clearly go to show that, in response to the loan availed by the accused of a sum of ₹ 11,00,000/-, he had issued the cheque at Ex. P-3 to the complainant, which came to be dishonoured, when presented for its realisation, for the reason of insufficiency of funds. Thereafter, despite making a demand for payment of the cheque amount within time, the accused has failed to make good the payment of the same, as such, not only the presumption that has arisen in favour of the complainant under Section 139 of the N.I. Act, but also the un-denied evidence of PW-1 which is further corroborated by Exs. P-1 to P12 crystalises the said presumption in favour of the complainant proving the accused guilty of the alleged offence. Both the Trial Court as well the Sessions Judge's Court since have held the accused guilty of the alleged offence and since the Trial Court has passed an order on sentence proportionate to the gravity of the proven guilt, there are no perversity, illegality or irregularity, warranting interference at the hands of this Court. Criminal Revision Petition stands dismissed as devoid of merits.
|