HC convicts accused for dishonouring of cheque issued towards purchase of diesel fuel from complainant

Case deatils:  Madhav Shankar Revankar v. Nagaraj Irkal - [2021] 128 taxmann.com 93 (Karnataka)

Judiciary and Counsel Details

• • Mrs. M.G. UMA, J.
  • Vishwanath Hegde, Adv. for the Appellant.

Facts of the Case

The Appellant/complainant had filed a complaint against the accused under section 138 alleging that cheque issued by the accused towards the purchase of diesel fuel from the complainant was dishonoured on a presentation for encashment.

The Trial Court held that the complainant was successful in proving guilt of the accused for offence punishable u/s 138 and convicted accused. However, Appellate Court by the impugned order held that the complainant had not proved the guilt of the accused beyond reasonable doubt and, therefore, acquitted the accused.

High Court Held

It was found that the accused had admitted that the cheque belonged to his account with society and he also admitted his signature on it. As a result, the complainant was successful in proving the guilt of the accused beyond reasonable doubt and, thus, conviction and sentence passed by Trial Court was to be restored and findings of Appellate Court were not sustainable

List of Cases Referred to

• • Shankar Finance & Investments v. State of Andhra Pradesh [2008] 8 SCC 536 (para 7)
  • Kalamani Tex v. P. Balasubramanian [Criminal Appeal No. 123 of 2021, dated 10-2-2021] (para 17)