Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

"Andhra Pradesh High Court Upholds Conviction in Cheque Bounce Case: 'No Grounds to Interfere with the Judgment'"

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Andhra Pradesh High Court, presided over by Justice A.V. Ravindra Babu, dismissed a Criminal Revision Case challenging a previous conviction in a cheque bounce matter under Section 138 of the Negotiable Instruments Act. The case, filed against Puvvada Venkata Krishna Murthy, saw the High Court confirm the judgment passed by the I Additional Metropolitan Sessions Judge, Visakhapatnam.

The case (Criminal Revision Case No: 657 of 2010) was decided on 22nd February 2024, where the court stated, "Having regard to the overall facts and circumstances and considering the material on record, absolutely, the judgment...cannot be said to be illegal and irregular."

The dispute centered around a cheque of Rs. 66,000, which was issued by the accused, Puvvada Venkata Krishna Murthy, and subsequently dishonored due to insufficient funds. The cheque was initially given in repayment of a loan of Rs. 50,000 with interest. Upon dishonor, the complainant pursued legal action, leading to Murthy's conviction in the lower courts.

Justice Babu, in his ruling, noted, "The evidence on record proves the factum of existence of a legally enforceable debt against the accused." This statement came after a detailed examination of the evidence presented, including the cheque, bank memos, and testimonies.

One of the critical arguments made by the defense was the issuance of a cheque return memo on a non-banking day (Sunday). The court addressed this by stating, "The complainant has no necessity to fabricate Ex.P.7...There was also a possibility for making the date as 26.10.2003 by the bank authorities mistakenly."

The High Court's decision reinforces the legal responsibilities inherent in issuing cheques and the serious consequences of their dishonor. This ruling serves as a reminder of the judiciary's role in upholding the sanctity of financial transactions and the implications of the Negotiable Instruments Act in financial disputes. The court's directive to the lower court to carry out the sentence against Murthy further cements the gravity of the offense.

Date of Decision : 22-02-2024

PUVVADA VENKATA KRISHNA MURTHY Vs. THE STATE OF A.P

 

Latest Legal News