Negotiable Instruments Act, 1881- Section 138, 139 – Acquittal Upheld – Presumption rebutted – Complaint of dishonor of cheque resulted in acquittal – Appeal against- The Trial Court acquitted the respondent, finding the appellant’s evidence insufficient to establish a legal liability on the respondent.
During the trial, the appellant failed to produce books of account to establish the liability, and the respondent contended that the cheque was issued as security and misused by the appellant.
On appeal, the appellant argued that the Trial Court erred in not presuming consideration under Section 139 of the Act and in discounting the absence of the accused’s testimony.The Court considered the submissions and noted that while Section 139 provides a presumption of consideration, it must be rebutted if evidence suggests otherwise.
The appellant’s admission during cross-examination, coupled with the absence of evidence to establish a legal liability on the respondent, weakened the case. Referring to precedent, the Court highlighted that the accused need not testify and can rely on cross-examination to rebut presumptions. Consequently, the Trial Court’s decision was upheld as reasonable, and the appeal was dismissed. (Para 22, 24, 29, 31, 33)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 59 HP
[-]
Sachin Gupta & Ors. Vs. Paras Ram Chandel
Cr. Appeal No.433 of 2009-Decided on 12-01-2024
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