Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950 Article 136: Ss. I 38 and I 39/Constitution of India Negotiable Instruments Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Negotiable Instruments Act; Ss. 138 and 139/Constitution of India, 1950; Article 136:Dishonour of cheques - Cheques allegedly issued by respondent in discharge of existing debt - Notice - No payment made by respondent - Complaints - Trial Court found that respondent committed an offence punishable u/s. 138 of the Act and sentenced him accordingly - Upheld by first appellate Court - Reversed by Single Judge of the High Court acquitting respondent - On appeal, Held: Presumption raised in terms of Section 139 of the Act rebuttable - In the instant case, a finding of fact has been arrived at by the High Court that cheques in question has not been issued by the respondent in discharge of any debt - Taking notice of the conduct of complainant, High Court found as of fact that complainant did not approach this Court with clean hands - View of the High Court cannot be said to be perverse warranting interference by the Supreme Court in exercise of its discretionary jurisdiction under Article 136 of the Constitution.Exercise of discretionary jurisdiction by Supreme Court under Article 136 of the Constitution - Judgment of acquittal - Interference with - Held: Ordinarily not interfere with.Respondent allegedly issued two cheques in favour of the appellant. These cheques, when presented to the Bank, were dishonoured for want of insufficient funds. It was alleged that despite service of notice, the respondent did not make any payment, therefore, two complaint petitions were filed against him by the appellant. Appellant, who used to run chitties, further alleged that despite the fact that the respondent was a defaulted subscriber of two prized chitties, who took personal loan from him. Trial Court proceeded on the basis that as admittedly cheques have been issued by the respondent which on presentation were not honoured, he committed an offence under Section 138 of the Negotiable Instruments Act. The finding of the trial Court was upheld in appeal by the Additional Sessions Judge. The High Court, however, in the revision application filed by the respondent held that the appellant did not succeed in proving that the respondent had borrowed any sum for which the cheques were issued. Hence, the present appeal. Appellant contended that the High Court was not correct in reversing the findings of the trial Court as also the first appellate Court in exercise of its revisional jurisdiction; that there was no reason as to why a presumption in terms of Section 139 of the Act could not have been raised against the accused as admittedly the cheques were issued by him which, on presentation, were dishonoured. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1065 |
Petitioner | John K. John |
Respondent | Tom Varghese And Anr. |
SCR | [2007] 11 S.C.R. 287 |
Judgement Date | 2007-10-12 |
Case Number | 1433-34 |
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