KISHAN RAO versus SHANKARGOUDA

KISHAN RAO versus SHANKARGOUDA

The High Court erred in setting aside the conviction under Section 138 as there was no finding of perversity or error in lower courts' appreciation of evidence; presumption under Section 139 was not rebutted by the accused, who neither examined himself nor produced any evidence; conviction and sentence by trial court as affirmed by appellate court are restored.

Parties
Appellant/complainant: Kishan Rao; Respondent/accused: Shankargouda
Jurisdiction
India
Judgment Date
02 July 2018
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Judgment in Criminal Revision
Outcome
Appeal allowed.
Legal Topics
Negotiable Instruments Act S. 138, Presumption Under S. 139, Dishonour of Cheque, Revisional Jurisdiction
Criminal Law Banking Law Negotiable Instruments Act S. 138 Presumption Under S. 139 Dishonour of Cheque Revisional Jurisdiction

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Parties

Kishan Rao

Appellant/complainant

Shankargouda

Respondent/accused

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Judgment in Criminal Revision

Legal Issues

  1. 1 Whether the High Court was justified in setting aside the conviction under Section 138 of the Negotiable Instruments Act in exercise of revisional jurisdiction.
  2. 2 Whether presumption under Section 139 of Negotiable Instruments Act was rightly rebutted by the accused.

Ratio Decidendi

The High Court erred in setting aside the conviction under Section 138 as there was no finding of perversity or error in lower courts' appreciation of evidence; presumption under Section 139 was not rebutted by the accused, who neither examined himself nor produced any evidence; conviction and sentence by trial court as affirmed by appellate court are restored.

Court Disposition

Appeal allowed.

Orders

  • Judgment of High Court set aside.
  • Judgment of trial court as affirmed by appellate court is restored.