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of <h1>Court upholds conviction under Section 138, emphasizing enforceability of debt and petitioner's liability.</h1> <h3>M/s SEVEN OCEAN MARITIME AGENCIES Versus MANNAMPARAMBIL JOHN JOB, STATE OF KERALA</h3> M/s SEVEN OCEAN MARITIME AGENCIES Versus MANNAMPARAMBIL JOHN JOB, STATE OF KERALA - TMI Issues Involved:The judgment deals with the issues of dishonored cheques under Section 138 of the Negotiable Instruments Act, 1881, and the enforceability of debt based on a Letter of Acknowledgment.Issue 1: Conviction under Section 138 of the Negotiable Instruments ActThe revision petitioner was accused in two cases for dishonoring cheques and sought to set aside the judgment convicting him. The petitioner argued that the claim was based on an unenforceable debt due to undervaluation of property in the sale deeds. The petitioner contended that legally recoverable debt is required for an offense under Section 138. The petitioner relied on legal provisions and previous judgments to support his argument.Issue 2: Enforceability of Debt based on Letter of AcknowledgmentThe petitioner, his wife, and brother-in-law executed sale deeds showing a lower consideration than the actual amount agreed upon. An additional Letter of Acknowledgment was signed, increasing the total consideration. The petitioner argued that this debt was unenforceable due to undervaluation and violation of stamp duty laws. The petitioner claimed that the debt based on the Letter of Acknowledgment was not legally recoverable, citing legal precedents.Judgment Summary:The High Court dismissed the criminal revision petition, upholding the conviction under Section 138 of the Negotiable Instruments Act. The Court found that the petitioner's argument regarding unenforceable debt due to undervaluation was not valid. The Court noted that the petitioner, as the beneficiary of the undervaluation, could not escape liability for dishonored cheques. The Court emphasized that the issuance of the cheques was not disputed, and the debt was enforceable under Section 138. The judgment highlighted the mutual agreement between the parties and the petitioner's liability to pay stamp duty. Ultimately, the Court ruled that the debt was legally enforceable, and the petitioner's petition was dismissed.
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