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The HC dismissed the revision petition in a Section 138 Negotiable Instruments Act case. The accused admitted receiving a loan of Rs. 3 lakhs but claimed repayment without satisfactory proof. The cheque dishonoured due to insufficient funds. The accused failed to rebut presumptions under Sections 118(a) and 139 of NI Act regarding cheque validity and consideration. Despite receiving legal notice, the accused could not establish payment to the complainant. The HC held all ingredients of Section 138 were satisfied, affirming the conviction and three-month imprisonment sentence. The compensation of Rs. 4.5 lakhs was deemed adequate despite being potentially low, as no appeal was filed challenging it.
The HC dismissed the revision petition in a Section 138 Negotiable Instruments Act case. The accused admitted receiving a loan of Rs. 3 lakhs but claimed repayment without satisfactory proof. The cheque dishonoured due to insufficient funds. The accused failed to rebut presumptions under Sections 118(a) and 139 of NI Act regarding cheque validity and consideration. Despite receiving legal notice, the accused could not establish payment to the complainant. The HC held all ingredients of Section 138 were satisfied, affirming the conviction and three-month imprisonment sentence. The compensation of Rs. 4.5 lakhs was deemed adequate despite being potentially low, as no appeal was filed challenging it.
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