T.P. MURUGAN (DEAD) THR. LRS. versus BOJAN

T.P. MURUGAN (DEAD) THR. LRS. versus BOJAN

The respondent failed to produce any credible evidence to rebut the statutory presumption under Section 139. The cheques and Promissory Note were admitted as signed by the respondent, and overwhelming evidence established that the cheques were issued towards discharge of a legally enforceable debt. Hence, presumption operates, conviction and fine restored.

Parties
Appellant: T.P. Murugan (Dead) through LRs.; Appellant: Posa Nandhi rep. through POA Holder, T.P. Murugan; Respondent: Bojan
Jurisdiction
India
Judgment Date
31 July 2018
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed; High Court order set aside; conviction and fine restored.
Legal Topics
Negotiable Instruments Act, Cheque Dishonour, Statutory Presumption, Section 138, Section 139
Criminal Law Negotiable Instruments Negotiable Instruments Act Cheque Dishonour Statutory Presumption Section 138 Section 139

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Parties

T.P. Murugan (Dead) through LRs.

Appellant

Posa Nandhi rep. through POA Holder, T.P. Murugan

Appellant

Bojan

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the presumption under Section 139 of the Negotiable Instruments Act operates in favour of the appellants for dishonoured cheques and whether the respondent rebutted the presumption of legally enforceable debt.

Ratio Decidendi

The respondent failed to produce any credible evidence to rebut the statutory presumption under Section 139. The cheques and Promissory Note were admitted as signed by the respondent, and overwhelming evidence established that the cheques were issued towards discharge of a legally enforceable debt. Hence, presumption operates, conviction and fine restored.

Court Disposition

Appeal allowed; High Court order set aside; conviction and fine restored.

Orders

  • Impugned order dated 27.09.2013 in Criminal Revision Petition Nos. 1657 and 1658 of 2008 set aside.
  • Order of conviction and fine passed by the Trial Court restored.