2022 (9) TMI 992

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....ed, he was found guilty and convicted under Section 138 of Negotiable Instruments Act, 1881 to undergo 10 months SI and to pay a fine of Rs.4000/- in default, to undergo 2 months SI. 2.Aggreived by the conviction and sentence imposed on him by the trial Court, he preferred an appeal in C.A.No.129 of 2014 before the V Additional District and Sessions Court, Coimbatore and the same came to be dismissed upholding the trial Court judgment of conviction and sentence. 3.The revision petition is filed on the premise that, the Courts below had not properly applied its mind to arrive at conclusion of holding him guilty. The complainant failed to mention the vehicle number through which the goods alleged to have been delivered to the accused. The i....

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....respondent/complainant submitted that, the accused running a properitory concern by name M/s Sun Poly Pack used to purchase polythene products from the complainant Firm M/s Rishaba Poly Packs on credit basis. As on 04/06/2008 a sum of Rs.6,35,677/- was due and payable. To discharge the said debt, Ex.P-2, the cheque No:930645 dated 20/06/2008 drawn by the accused from his account maintained at Karnataka Bank, Perumanallur Branch was given. The said cheque was presented for collection 02/07/2008 but returned on 09/07/2008 with the memo [Ex.P-3], stating 'payment stopped by drawer'. The statutory notice [Ex.P-5] informing about the return of the cheque and calling upon the accused to pay the cheque amount was sent on 25/07/2008. The accused re....

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....the cheque for the debt payable, the accused took unsustainable defence before the trial Court, which was negative in view of the law settled in Rangappa -vs- Srimohan reported in [AIR 2010 SC 1898] regarding the standard of proof. The accused failed to rebut the statutory presumption not even by preponderance of probability. Hence, the trial Court found him guilty of offence under Section 138 of the Negotiable Instruments Act, 1881. In the appeal preferred by the accused, the lower Appellate Court confirmed to trial Court judgment. The grounds raised in the revision are not sustainable. Since, there is no error in the finding of the Courts below, the revision has to be dismissed. 8.Considering the rival submissions and the records of the ....