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P Rasiya Vs Abdul Nazer and Anr PDF
P Rasiya Vs Abdul Nazer and Anr PDF
P. RASIYA Appellant(s)
VERSUS
O R D E R
1. Delay condoned.
2. Leave granted.
appearing for the appellant and Shri Mohammad Sadique T.A., learned
2017, by which the High Court has allowed the said Revision
5.
Signature Not Verified
The learned trial Court convicted the accused for the offence
Digitally signed by R
Natarajan
Date: 2022.08.17
for a further period of six months. The learned trial Court also
Court dismissed the appeal and confirmed the conviction for the
considering the old age of the accused interfered with the order of
and if the fine amount is realized, the same shall be given to the
the accused under Section 138 of the N.I. Act, the accused
Court. By the impugned common judgment and order, the High Court
below and has acquitted the accused on the ground that, in the
has failed to note the presumption under Section 139 of the N.I.
cheque was issued by the accused and the signature and the issuance
onus will shift upon the accused to prove the contrary that the
cheque was not for any debt or other liability. The presumption
accused to prove the contrary. The aforesaid has not been dealt
with and considered by the High Court. The High Court has also
8. In view of the above and for the reasons stated above, the
impugned common judgment and order passed by the High Court is not
passed by the High Court acquitting the accused for the offence
punishable under Section 138 of the N.I. Act is hereby quashed and
set aside and the order passed by the learned trial Court
convicting the accused for the offence punishable under Section 138
hereby restored. Now, the accused be dealt with as per the order
4
extent.
.......................... J.
(M.R. SHAH)
.......................... J.
(B.V. NAGARATHNA)
New Delhi;
August 12, 2022.
5
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
P. RASIYA Petitioner(s)
VERSUS
Delay condoned.
Leave granted.
The present Appeals are allowed to the extent as indicated in
the signed order.
Pending applications, if any, stand disposed of.