Registration Of FIR Is Mandatory If Information Ex Facie Discloses Commission Of  Cognizable Offence: Supreme Court 'No Res Judicata': Supreme Court Holds Rejection Of Section 156(3) CrPC Plea Is No Bar To Subsequent Registration Of FIR Auto Dealers' Referral Charges From Banks & Insurers Constitute 'Business Auxiliary Service', But No Penalty If Tax Paid Before Show Cause Notice: Supreme Court MACT | Appellate Courts Must Liberally Admit Additional Evidence Under Order XLI Rule 27 CPC To Compute 'Just Compensation': Supreme Court MACT | Post-Accident Vehicle Position On Sketch Cannot Be Sole Basis To Infer Contributory Negligence: Supreme Court Enhances Compensation To ₹50.8 Lakhs 'Sanction Under Section 19(1)(c) PC Act Must Be Granted By Removing Authority': Supreme Court Sets Aside Conviction Mere Recovery Of Money Cannot Resurrect Prosecution Proof Of Demand Is Sine Qua: Supreme Court Lok Adalat Awards Without Signatures Of All Rival Claimants Are Invalid, Order I Rule 8 CPC Inapplicable: Supreme Court Lok Adalat Cannot Decide Title Disputes, Mere Physical Possession Doesn't Prove Ownership": Supreme Court Quashes Land Acquisition Awards Power Discoms Can't Escape Liability: Andhra Pradesh High Court Upholds Damages For Death Caused By Snapped Live Wires Lying On Ground Extra-Judicial Confessions To Village Administrative Officers Cannot Be Accepted As Gospel Truth Without Signatures And Corroboration: Madras High Court Acquits Murder Accused 'Article 21 Trumps UAPA Rigors': Allahabad High Court Grants Bail To PFI Members After 5 Years In Jail Due To 'Sluggish' Trial" Daughters Cannot Be Denied Equal Share: Orissa High Court Upholds Compensation Apportionment In Favor Of Daughters Under Hindu Succession Act Cannot Reopen Closed Chapter Years Later: Calcutta High Court Dismisses BSF Ex-Head Constable's Plea Claiming Voluntary Retirement Was Extracted Under Coercion Long-Standing Relationship And Public Recognition Prove Valid Marriage: Karnataka High Court Upholds Second Wife's Right To 1/3rd Share In Property Collector Becomes Functus Officio Once Duty Is Determined: Punjab & Haryana High Court Quashes Penalty On Stamp Duty Deficiency Eyewitness Testimony Contradicted By Medical Evidence Cannot Sustain Murder Conviction: Madhya Pradesh High Court Acquits Woman In IPC 302 Case

Upholds "Reverse Onus" Clause in Conviction of Director in Cheque Bounce Case: Kerala High Court

05 September 2024 5:30 AM

By: Admin


In a recent judgment handed down on Friday, the 29th day of September 2023, the High Court of Kerala at Ernakulam upheld the application of the "reverse onus" clause in a conviction under Section 138 of the Negotiable Instruments Act (N.I. Act). The case involved a director of a company who was accused of dishonoring cheques issued by the company. The court's ruling emphasized the significance of establishing the accused's signature on the negotiable instrument for the "reverse onus" clauses to become operative.

The Honorable Mr. Justice C.S. Dias presided over the bench and delivered the judgment. The case, known as CRL.REV.PET NO. 3051 OF 2010, originated from the IVth Additional Sessions Judge, Ernakulam, and the Judicial First Class Magistrate Court No. IV, Ernakulam.

The judgment affirmed the legal principles related to "reverse onus" under Section 139 of the N.I. Act. It held that once the signature(s) of the accused on the cheque or negotiable instrument are established, the "reverse onus" clauses come into effect. The court's decision highlighted that the accused must discharge the presumption imposed upon them in such cases.

In this particular case, the accused, a director of a company, was accused of issuing dishonored cheques. The complainant alleged that the accused had issued these cheques to discharge the company's liability. The accused failed to reply to the statutory lawyer notice issued under Section 138 of the N.I. Act.

The judgment reaffirmed the standard of proof required for rebutting the presumption under Section 139 as the "preponderance of probabilities." It emphasized that the accused can raise a probable defense that creates doubts about the existence of a legally enforceable debt or liability. Failure to raise such a defense can lead to a presumption in favor of the complainant.

In this case, the court found no error in the concurrent findings of the lower courts and dismissed the revision petition. The accused was directed to appear before the Trial Court, pay the fine amount, and undergo the substantive sentence as per the earlier conviction.

This judgment serves as a significant precedent in cheque bounce cases and underscores the importance of establishing the accused's signature on negotiable instruments for the application of "reverse onus" clauses. It also clarifies the burden of proof on the accused and the complainant in such cases.

Date of Decision: 29 September 2023

SHIBY POLY  Vs  MARY DEVACHAN

Latest Legal News