ARUNACHALAM SAMPAT KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner after his conviction and sentence in Complaint Case No. C/1-1335 of 2008 approached the Appellate Court in Criminal Appeal No. 61 of 2011, however, it has been dismissed by the impugned order dated 02.12.2011.

(2.) Plea urged on behalf of the petitioner is that once the accused-petitioner has discharged the initial onus by showing that the consideration did not exist the presumption under section 139 of the Negotiable Instruments Act, 1881 stands rebutted and now the complainant must prove that the cheques were issued in discharge of any legal debt or liability.

(3.) In support of the aforesaid contention, the learned counsel for the petitioner has relied on the decisions in "M. S. Narayana Menon alias Mani Vs. State of Kerala and Another, 2006 6 SCC 39", "Bharat Barrel and Drum Manufacturing Company Vs. Amin Chand Payrelal, 1999 3 SCC 35" and "Reverend Mother Marykutty Vs. Reni C. Kottaram and Another, 2013 1 SCC 327".