Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (6) TMI 749 - HC - Indian LawsDishonor of Cheque - presumption under Section 139 of the Act - rebuttal was “preponderance of probability” - proof beyond reasonable doubt - HELD THAT:- Noticeably, the only basis on which the learned trial Court drew the conclusion that the complainant being successful in rebutting the presumption attached to Negotiable Instrument by virtue of Sections 118 (a) and Section 139 of the Act, was the statement of the respondent recorded under Section 313 of the Code of Criminal Procedure. Admittedly, the respondent did not enter into the witness box by examining himself as a witness and thereafter affording an opportunity to the petitioner-complainant to cross-examine him. In the given facts and circumstances of the case, the mere fact that the respondent had in his statement under Section 313 of the Code of Criminal Procedure stated that he had given a cheque to one Rasal Singh and not to the complainant could not have been acted upon much less formed the basis or drew inference that the presumption attached by virtue of the aforesaid Sections had been rebutted. This Court need not express any opinion on the merits of the case or the same may prejudice any of the parties. Therefore, in the given circumstances, this Court has no other option but to set-aside the order of acquittal passed by learned trial Magistrate and direct it to re-hear the matter bearing in mind the provisions, more particularly, those contained in Sections 118 and 139 of the Act.
|