2020 (9) TMI 108 - MADRAS HIGH COURT - Indian Laws

Head Note / Extract:
Dishonor of cheque - whether the petitioner/accused in the present case has succeeded to rebut the presumption arising in favour of the respondent/complainant in terms of Section 118 read with Section 139 of the Negotiable Instruments Act? HELD THAT:- From the evidence and materials adduced by the parties, it is manifest that the petitioner has not disputed the issuance of cheque in question and the signature found therein. As such, the presumption lies in favour of the respondent that the cheque in question was issued by the petitioner for legally enforceable liability. In such circumstances, the petitioner has to rebut the same through preponderance of probability, whereas the oral evidence adduced by him would only disclose the fact that there were money transactions between the two. Though he replied to the legal notice issued by the respondent, the contents of the same were not substantiated by any oral or documentary evidence. Further, nothing has been elicited from the cross examination of P.W.1. That apart, the petitioner has not subjected himself to witness box, which is fatal to his case. In the considered opinion of this Court, a mere denial of the averments made by the respondent is not sufficient for rebutting the presumptions arising in his favour and it is for the petitioner to demonstrate that there exists preponderance of probabilities that the cheque in question was not issued towards discharge of any legally enforceable debt/liability, but the petitioner has failed to do so. On the other hand, the respondent has proved his case that the petitioner committed the offence under Section 138 of the Negotiable Instruments Act - Hence, the trial Court has rightly convicted the petitioner for the same and the same was also affirmed by the Appellate Court. Criminal Revision Case stands dismissed.