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        Case ID :
        Indian Laws

        HC dismissed the revision and sustained conviction under s.138...

        Conviction under s.138 NI Act upheld; statutory presumptions under s.118(a) and s.139 unrebutted, Rs.68,000 compensation affirmed

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC dismissed the revision and sustained conviction under s.138 of the NI Act. The accused admitted borrowing Rs.1,50,000 and issuing a security/blank cheque for Rs.50,000; issuance and signature were undisputed, thereby attracting the statutory presumptions u/s 118(a) and 139. The accused failed to rebut the presumption: his s.313 CrPC statement and uncorroborated denial that payment was made were held insufficient, and no defence evidence was led. Notice was deemed served. Trial court's compensation of Rs.68,000 was affirmed as reasonable given the delay and loss of use; no interference warranted with concurrent findings and sentence.
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