Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (1) TMI 553 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - rebuttal of presumption - section 138 of the N.I. Act - trial court on the basis of the evidence on record has drawn the presumption under section 139 of the N.I. Act that the accused had issued the said cheque in favour of the complainant for discharge of his debt and liability - whether the accused has been able to rebut the presumption as available under section 139 of the N.I. Act in respect of issuance of the cheque in question? HELD THAT:-All the important facts emanating from evidence, have not all been dealt and to me, it appears that the courts below have remained under an erroneous impression that the presumption has to be rebutted by the accused only by leading evidence from his side. The view taken that the accused having not responding in that light, right from the time of demand for payment made by the complainant till lodging of the complaint stands as a circumstance against his case favouring the case of the complainant appears to be a patent error - Therefore, the finding returned by the courts below based on which the conviction has been recorded against the accused suffers from the vice of perversity, particularly, for non-consideration of the evidence on record as pointed out above which pushes the existence of the debt or subsistence of liability owning to the complainant to the tune of ₹ 5.50 lakh and standing to be discharged by the accused into thick clouds of doubt. The courts below are thus found to have committed manifest error by going to hold the accused guilty for commission of offence under section 138 of the N.I. Act in convicting him thereunder followed by imposition of sentence and award of compensation as aforestated. Revision allowed.
|