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Issues: (i) Whether the revisional court could interfere with concurrent findings of conviction in the absence of perversity or jurisdictional error. (ii) Whether the complainant bank was entitled to prosecute the complaint on the basis of a cheque drawn on the loan account and whether a cheque filled by someone other than the drawer could still attract liability. (iii) Whether the accused rebutted the statutory presumptions under the Negotiable Instruments Act and whether the dishonour, notice, conviction, sentence and compensation required interference.
Issue (i): Whether the revisional court could interfere with concurrent findings of conviction in the absence of perversity or jurisdictional error.
Analysis: Revisional jurisdiction is narrow and is confined to correcting patent defects, illegality, jurisdictional errors, perversity, or gross miscarriage of justice. It is not an appellate reappreciation of evidence. Where the trial court and appellate court have recorded concurrent findings on evidence, interference is warranted only if those findings are shown to be perverse, wholly unreasonable, or based on no material.
Conclusion: Interference in revision was not warranted on the scope of revisional review.
Issue (ii): Whether the complainant bank was entitled to prosecute the complaint on the basis of a cheque drawn on the loan account and whether a cheque filled by someone other than the drawer could still attract liability.
Analysis: A cheque drawn on the loan account maintained with the bank was treated as a cheque in relation to the debt owed to the bank, and the bank was held to be the holder in due course entitled to maintain the complaint. The fact that the cheque particulars were filled by a person other than the drawer did not invalidate the cheque when the drawer had signed and issued it. Even a signed blank cheque, if voluntarily handed over in a financial transaction, can attract the statutory presumptions once the execution is admitted or established.
Conclusion: The complaint was maintainable and the cheque remained legally effective notwithstanding who filled the particulars.
Issue (iii): Whether the accused rebutted the statutory presumptions under the Negotiable Instruments Act and whether the dishonour, notice, conviction, sentence and compensation required interference.
Analysis: Once issuance and signature of the cheque were established, presumptions under Sections 118(a) and 139 arose in favour of the complainant. The accused did not lead evidence sufficient to rebut the presumptions on a preponderance of probabilities. The defence based on vehicle seizure, CGTMSE coverage, and alleged blank security cheque was rejected. Dishonour for insufficient funds was proved by the bank memo, notice was deemed served, and non-payment followed. The sentence of imprisonment till the rising of the Court was not interfered with, and the compensation order was maintained despite the observation that it was on the lower side. Default imprisonment for non-payment of compensation was also upheld as permissible.
Conclusion: The conviction under Section 138 was sustained and no interference was made with the modified sentence or compensation.
Final Conclusion: The revision failed in its entirety, and the concurrent findings of guilt and the consequential reliefs granted by the appellate court were left undisturbed.
Ratio Decidendi: In proceedings under Section 138 of the Negotiable Instruments Act, admission or proof of the drawer's signature and issuance of the cheque triggers a rebuttable presumption of legally enforceable debt, which can be displaced only by a probable defence established on the evidence; revisional interference with concurrent convictions is justified only on perversity or jurisdictional error.
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