Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2024 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (5) TMI 187 - JHARKHAND HIGH COURTDishonour of Cheque - insufficient funds - discharge of legal liability - rebuttable presumption - conviction of accused u/s 138 of the N. I. Act - suspicious transaction - HELD THAT:- It has been held by the Hon’ble Supreme Court and the Jharkhand High Court on various occasions that payment of friendly loan without giving any specific date or dates to the accused petitioner in absence of any witness led to suspicious transaction. It has been held by Hon’ble the Supreme Court in the case of Rajaram Through L.Rs. Versus Maruthachalam [2023 (1) TMI 794 - SUPREME COURT] that 'the standard of proof for rebutting the presumption is that of preponderance of probabilities. Applying this principle, the learned Trial Court had found that the accused had rebutted the presumption on the basis of the evidence of the defence witnesses and attending circumstances.' The Supreme Court has also held that the issuance of blank cheque with signature only by the accused may not go in favour of the holder of the cheque, i.e. the complainant. Thus, it is evident that opposite party no. 2 had rebutted the presumption in light of the Section 139 of the N. I. Act. Therefore, this Court finds that no illegality has been committed by the learned Appellate Court below while coming to the conclusion that the petitioner had no financial capacity to pay loan amount to the opposite party no. 2 and thus, this Criminal Revision is devoid of merit - the criminal revision is dismissed.
|