Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2012 (10) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (10) TMI 737 - SC - Indian LawsDishonour of cheque - rebuttable presumption - appellant submitted that no amount was due and that the respondent stealthily removed two cheques from the custody of the appellant of which the present one was forged and presented for clearance. - the trial Court found the appellant not guilty of the offence under Section 138 of the Act and acquitted her under Section 255(1) of Cr. P.C. - The High Court while reversing the judgment of the trial Court found the appellant guilty of the offence and sentenced her to pay a fine. Held that:- The judgment of the trial Court in having drawn the conclusions to the effect that the appellant sufficiently rebutted the initial presumption as regards the issuance of the cheque under Sections 138 and 139 was perfectly justified as there was no circumstance warranting the execution of Exhibit P-1 cheque in favour of the respondent. Also that the preponderance of probabilities also fully support the stand of the appellant as held by the learned trial Judge. The judgment of the High Court in having interfered with the order of acquittal by the learned trial Judge without proper reasoning is, therefore, liable to be set aside and is accordingly set aside. Consequently, the conviction and sentence imposed in the judgment impugned is also set aside. The amount deposited by the appellant with the trial Court in a sum of ₹ 25 lakhs with accrued interest, if any, shall be refunded to her on production of a copy of this judgment.
|