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TMI Blog2020 (1) TMI 1373X X X X Extracts X X X X X X X X Extracts X X X X ..... 19.09.2019 and order dated 06.07.2020 passed in Criminal Appeal No.26 of 2019 passed by learned Sessions Judge, Halol and restore the judgment of Criminal Case No.2139 of 2015 dated 19.09.2019, whereby, the private respondent was convicted for the offence punishable under section 138 of the Negotiable Instrument Act (for short "the N.I.Act"). 2. Brief facts leading to the present Revision Applications can be stated thus :- 2.1. The applicants are doing agricultural activity and both R/CR.RA/689/2020 ORDER the applicants were farming land and as per family arrangement, they were doing agriculture activity on the said land. According to the applicants, respondent no.2 herein was in the business of buying and selling the land and wanted to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... now what amount was written in the sale deed. According to the applicants, sale consideration mentioned in the sale deed was Rs. 1,80,000/- and it was paid, but as the applicant lady was illiterate, she was not aware about the amount mentioned in the sale deed, but in fact the land was agreed to be purchased by respondent no.2 at Rs. 21 lakhs and for final installment, respondent no.2 issued cheque of Rs. 3 lakhs to each applicant, but same were dishonored. 5. Sale deed was produced by respondent no.2 at Exh.51 and Exh.49 before the learned Trial Court. It is a matter of fact that sale consideration was mentioned at Rs. 1,80,000/- in both the sale deeds. The sale deed is never challenged by the applicants either before the Civil Court or C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only when cheques is issued in discharge of any legally enforceable debt or any other liability. There is no legal obligation on the part of the private respondent to effect clearance of cheques, if it is not issued towards legally enforceable debt or any other liability. Section 139 of the Act merely raises presumption in favour of holder of cheque that same has been issued for discharge of any debt or liability. Existence of legally recoverable debt is not a matter of presumption under section 139 of the Act. In other words, debt or liability which existed on the date on which cheque was issued is debt or liability referred to in section 138 of the Act. The expression 'debt or liability' appearing in section 138 of the Act shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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