Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (7) TMI 310 - HC - Indian LawsDishonor of Cheque - issuance of signed blank cheque - contention is that the cheques were issued in blank and the cheques were not filled, but signature on the cheque was not denied - award of sentence - HELD THAT:- The Apex Court in BIR SINGH VERSUS MUKESH KUMAR [2019 (2) TMI 547 - SUPREME COURT] succinctly held that once a person signs a cheque and makes it over to the payee remains liable unless he adduces evidence to rebut the presumption that the cheque had been issued for payment of a debt or in discharge of a liability. It had also been held by the Apex Court by the said judgment that even if a blank cheque is voluntarily presented to the payee, towards some payment, the payee may fill up the amount and other particulars which itself would not invalidate the cheque. In the present context there is no allegation from side of the accused petitioner that she signed the impugned cheques involuntarily. The accused petitioner denied her debt or liability. Her case is that she repaid full amount of advance to the respondent - Law is well settled that mere denial would not absolve the accused from the liability unless the statutory presumptions under the N.I Act is rebutted by the accused and the contrary is proved by adducing cogent evidence, direct or circumstantial - In Laxmi Dyechem Vrs. State of Gujarat and others [2012 (12) TMI 106 - SUPREME COURT] the Apex Court held that under Section 139 of N.I Act it has to be presumed that the cheque was issued in discharge of a debt or other liability but such presumption should be rebutted by adducing evidence. It is no case of the accused petitioner that she signed the impugned cheques or parted with those cheques under any threat or coercion - the statutory presumptions that the cheques were issued by her in discharge of her liability arises against her which she could not rebut by adducing evidence. Therefore, in so far as her conviction is concerned, there are no error in the concurrent findings of the Courts below. Award of sentence - HELD THAT:- The trial Court sentenced her to a fine of ₹ 15,00,000/- and in default to S.I for six months and in case No. N.I. 113/2008 the trial Court sentenced the accused respondent to fine of ₹ 20,00,000/- and in default S.I for six months. It was directed in both the cases that fine on realisation be paid to the complainant respondent as compensation - it is deemed appropriate to reduce the fine imposed on the accused by way of sentence to ₹ 24,00,000/-. Appeal allowed in part.
|