2022 (11) TMI 852 - HC - Indian Laws
Dishonor of Cheque - insufficient funds - rebuttal of presumption - accused failed to make the payment good within the time stipulated in the legal notice - Section 138 of the Negotiable Instruments Act - HELD THAT:- This Court finds that complainant successfully proved all the ingredients of Section 138 of the Act and since accused despite having received legal notice failed to send any reply to the complainant raising therein dispute with regard to issuance of cheque, if any, in favour of the complainant, there is presumption in favour of the complainant that cheque in question was issued by the accused towards discharge of his lawful liability. Hence, it cannot be concluded that courts below have committed any illegality and infirmity while holding accused guilty of having committed offence punishable under Section 138 of the Act. Moreover, this Court has a very limited jurisdiction under Section 397 of the Cr.PC, to re-appreciate the evidence, especially, in view of the concurrent findings of fact and law recorded by the courts below.
Since after having carefully examined the evidence in the present case, this Court is unable to find any error of law as well as of fact, if any, committed by the courts below while passing impugned judgments, and as such, there is no occasion, whatsoever, to exercise the revisional power.
The present revision petition is dismissed being devoid of any merit and judgments passed by learned courts below are upheld.