2019 (9) TMI 882 - KERALA HIGH COURT - Indian Laws

Head Note / Extract:
Dishonor of Cheque - acquittal of accused - section 138 of NI Act - existence of debt or not - HELD THAT:- The circumstances enable the accused to persuade the court to believe that he had not incurred any debt or liability to the complainant and that he had not issued the cheque to the complainant in discharge of any debt or liability. Thus, even if it is found that the specific plea set up by the accused as to the possession of his cheque by the complainant is not proved by him, he could succeed in rebutting the presumption under Section 139 of the Act by relying upon the facts and circumstances of the case set up by the complainant against him and also the facts and circumstances brought out in the evidence of the complainant. Then, in the absence of any reliable evidence adduced by the complainant to prove the transaction alleged by him, he has failed to prove that the accused committed an offence punishable under Section 138 of the Act. The judgment of the trial court acquitting the accused, does not warrant any interference by this Court in appeal - Appeal dismissed.