TaxTMI 
TaxTMI 
2020 (2) TMI 1581
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....ow are questioned in this revision. 2. The allegation against the petitioner/accused is that he borrowed a sum of Rs. 5,00,000/- from the respondent/complainant on 07.05.2010 to meet out some urgent expenses, by issuing a post-dated cheque bearing No. 082607, dated 07.06.2010 drawn on Indian Overseas Bank, Perundurai Branch. When the cheque was presented for collection, it was returned with an en....
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....used for the offence under Section 138 of the Negotiable Instruments Act, 1881, and sentenced him to undergo six months simple imprisonment, vide judgment dated 25.05.2015. The said judgment was challenged by the petitioner/accused by filing an appeal in Crl.A. No. 52 of 2015. The appellate Court, viz., the I Additional District and Sessions Court, Erode, vide judgment dated 10.11.2016, dismissed ....
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....ightly confirmed by the Appellate Court and hence, the judgments of the Courts below do not require any interference in the hands of this Court. 7. Heard the learned counsel for the respondent and perused the materials available on record. 8. A perusal of the records shows that the petitioner/accused raised the following defence: (i) The signature found in the subject cheque differs with his s....
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....ed that the respondent/complainant proved the legally enforceable debt or liability, whereas the petitioner/accused failed to rebut the presumption under Section 139 of the Act. Thus, the trial Court, keeping in mind the evidence available on record and also considering the decided cases, convicted the petitioner/accused and sentenced him for the offence under Section 138 of the Act. 10. The Appe....