2026 (9) TMI 466

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....on is directed against the judgment dated 16.07.2016 passed by learned Additional Sessions Judge-VIII, Jamshedpur, in Criminal Appeal No. 161 of 2013, whereby and whereunder the learned Appellate Court dismissed the appeal and affirmed the judgment of conviction and order of sentence dated 17.06.2013 passed by learned Judicial Magistrate, 1st Class, Jamshedpur in C-1 Case No. 1885 of 2009 whereby and whereunder, the petitioner has been convicted for the offence under Section 138 of the N.I. Act and sentenced to undergo R.I. for six months along with payment of compensation of Rs. 4,50,000/- in default of payment of the said compensation to undergo further R.I. for one year. Factual Matrix 3. Factual matrix giving rise to this revision....

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....nts Act and Section 420 of the I.P.C. 4. After inquiry, summons were issued against the petitioner under Section 138 of the N.I. Act. Upon appearing before the learned Trial Court the petitioner faced trial and after conducting the trial, the learned Trial Court took cognizance of the offence under Section 138 of the N.I. Act against the accused petitioner. 5. The substance of accusation was explained to accused, to which he pleaded not guilty and claimed to be tried. 6. In order to substantiate the charge, the complainant was examined himself as C.W.-1 and adduced following documentary evidence:- (i) Exhibit-1-Money receipt acknowledging payment of Rs. 4,50,000/- (ii) Exhibit-2-Original cheque No.625994 dated 02.....

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....overlooked material contradictions in the complainant's evidence. It has further been submitted that the complainant failed to establish his financial capacity to advance the alleged loan of Rs. 4,50,000/- and did not produce any material to show that he was an income-tax payee. The learned courts below have also failed to consider the statutory provisions contained in Section 269SS of the Income Tax Act regarding acceptance of loans and the effect of such violation on the alleged transaction. It has also been contended that the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act could not have been mechanically relied upon without first considering the defence and the complainant's capacity to advance such a....

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....d, the statutory presumption under Sections 118 and 139 of the N.I. Act operates in favour of the complainant. 14. The contention regarding the complainant's financial capacity and alleged violation of Section 269SS of the Income Tax Act also does not dislodge the statutory presumption under the N.I. Act, particularly when the petitioner failed to rebut the presumption by leading cogent and reliable evidence. The learned Appellate Court has also considered these aspects and rightly upheld the conviction. 15. So far as the contention regarding the mode of trial and applicability of Section 326(3) Cr.P.C. is concerned, the learned Appellate Court, upon examination of the trial court's record, has rightly found that the case was cond....