Case Law Details
Tedhi Singh Vs Narayan Dass Mahant (Supreme Court of India)
The Trial Court and the First Appellate Court have noted that in the case under Section 138 of the N. I. Act the complainant need not show in the first instance that he had the capacity. The proceedings under Section 138 of the N. I. Act is not a civil suit. At the time, when the complainant gives his evidence, unless a case is set up in the reply notice to the statutory notice sent, that the complainant did not have the wherewithal, it cannot be expected of the complainant to initially lead evidence to show that he had the financial capacity. To that extent the Courts in our view were right in holding on those lines. However, the accused has the right to demonstrate that the complainant in a particular case did not have the capacity and therefore, the case of the accused is acceptable which he can do by producing independent materials, namely, by examining his witnesses and producing documents. It is also open to him to establish the very same aspect by pointing to the materials produced by the complainant himself. He can further, more importantly, achieve this result through the cross examination of the witnesses of the complainant. Ultimately, it becomes the duty of the Courts to consider carefully and appreciate the totality of the evidence and then come to a conclusion whether in the given case, the accused has shown that the case of the complainant is in peril for the reason that the accused has established a probable defence.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
Leave granted.
2. The appellant calls in question the judgment of the High Court by which it dismissed the Criminal Revision No.129 of 2018 filed under Section 397 of the Code of Criminal Procedure, 1898 (for short ‘Cr.P.C.) against the order of the Sessions Judge by which the Court in turn affirmed the order passed by the Chief Judicial Magistrate. The Chief Judicial Magistrate found the appellant guilty of having committed the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘N.I. Act.’). The appellant stands sentenced to simple imprisonment for a period of one year. Further, the appellant is called upon to pay a compensation of a sum of Rs.7 Lakhs.
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