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TMI Blog2021 (3) TMI 1134X X X X Extracts X X X X X X X X Extracts X X X X ..... turned to the complainant within a period of six months. In order to discharge his liability, the accused had issued a cheque bearing No.272199 dated 23.09.2010 for a sum of Rs. 8,00,000/- (Ex.P1), drawn on Standard Chartered Bank, Chennai, Rajaji Salai Branch in favour of the complainant and assured him that the cheque would be honoured on presentation. The complainant believing his words presented the cheque through his banker viz. HDFC Bank, Chennai, Rajaji Salai Branch on 27.09.2010, but the said cheque was dishonoured by the accused banker with an endorsement "insufficient funds" vide bank memo dated 28.09.2010 (Ex.P2). Therefore, the complainant issued a statutory demand notice dated 04.10.2010 (Ex.P3) to the accused by R.P.A.D, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused had filed an appeal in C.A.No.197 of 2012 and the complainant being not satisfied with the conviction and sentence, filed a petition in Crl.R.C.No.15 of 2013, seeking enhancement of sentence. 7.The C.A.No.197 of 2012 and Crl.R.C.No.15 of 2013 were taken up on the file of the XVII Additional Judge, City Civil Court, Chennai and by a common order dated 11.03.2014, the learned Sessions Judge, dismissed the C.A.No.197 of 2012 and allowed the Crl.R.C.No.15 of 2013 by setting aside the judgment of the trial Court and modified the the sentence and directed the accused to undergo simple imprisonment for six months and to pay a sum of Rs. 5,00,000/- as compensation to the complainant u/s.357(3) Cr.P.C. Aggrieved by the said dismissal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntra, learned counsel for the respondent would submit that the complainant had proved his case by letting in cogent evidence. It is a case where the accused borrowed an amount of Rs. 8,00,000/- and in order to discharge the liability, he had issued a cheque to the complainant and the cheque was presented for collection within time and after it was dishonoured, a statutory notice was issued by the complainant and the accused on receipt of the legal notice neither replied nor repaid the amount and the presumption under Section 139 of N.I. Act was in favour of the respondent and it is for the accused to prove his case by letting in evidence in rebuttal, whereas, in this case, it has not been done and hence the trial Court has rightly finding t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iction, in the absence of a jurisdictional error. .... 12.In this case, the accused has not denied his signature in the impugned cheque viz. Ex.P1. This Court perused the cheque and other documents marked by the accused viz. Ex.P1 to Ex.P4 and did not find any suspicious feature in it. The defence of the accused is that the impugned cheque was given only for the purpose of security, which has been misused by the complainant. The accused received the statutory demand notice viz. Ex.P3, but did not choose to give any reply. It is the case of the accused that he had issued the cheque (Ex.P1) dated 23.10.2010 to the complainant for the loan obtained by his brother for constructing the house. 13.It is the case of the complainant that that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvices Private Limited vs. Shakti International Fashion Linkers and Others reported in (2020) SCC Online SC 193, the Hon'ble Apex Court has held that Section 139 of the N.I. Act is an example of reverse onus clause and once the issuance of cheque has been admitted and the signature on the cheque has been admitted, there is always presumption in favour of the complainant as to the existence of a legally enforcible debt or liability and thereafter it is for the accused to rebut such presumption by leading evidence. 15.In this case, as stated above, the complainant has proved his case by letting in cogent evidence. Whereas, the accused has failed to rebut the presumption u/s.139 of N.I.Act to prove his case. Though the accused had examine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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