Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2023 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (10) TMI 46 - HC - Indian LawsDishonour of cheque - acquittal of accused - insufficient funds - rebuttal of presumption under Section 139 of N.I. Act - HELD THAT:- In the case in hand, the learned Trial Court did not appreciate this fact that the respondent did not deny the signature over the cheques of his account and the appellant proved this fact that the cheques were given by the respondent which were dishonored at the bank and despite receiving notice, the respondent did not pay the cheque amount. The respondent did not rebut these facts and documents filed by the appellant and in the statement of the respondent/accused, he admitted his signature over cheques of his account, as such presumption is in favour of the appellant under Section 139 of the NI Act. Therefore, the finding recorded by the Trial Court is not in accordance with law. In the case of NI Act, the complainant has only to prove the fact that the cheque in question was issued by the accused in discharge of any debt or liability to the complainant and under Section 139 of the Act, it shall be presumed that the holder of the cheque received the cheque of the nature referred to in Section 138 of the Act for discharge, in whole or in part, or any debt or other liability - the finding recorded by the learned Trial Court is not in accordance with the law, as such the impugned judgment being not sustainable in law is liable to be set aside. The impugned judgment passed by the learned Trial Court dated 23.10.2018 is hereby set aside - the acquittal appeal is allowed.
|