Negotiable Instruments Act, 1881 – Section 138, 139 – Indian Penal Code, 1860 – Section 420 – Acquittal set aside – Presumption – Complaint of dishonour of cheque resulted in acquittal – Appeal – The respondent admitted issuing the cheque but disputed the legality of the liability, leading to a legal dispute. The appellant relied on precedents emphasizing the presumption under Section 139 of the Negotiable Instruments Act, shifting the burden of proof to the accused once the authenticity of the cheque is established.Cross-examination of witnesses revealed admissions by the accused regarding the liability, further strengthening the presumption.
The trial court’s failure to consider the presumption under Section 139 led to erroneous conclusions, warranting judicial review.The appellate court invoked settled legal principles to reverse the trial court’s decision, emphasizing proper framing of issues and burden of proof.
The appellant’s appeal was allowed, the trial court’s judgment was set aside, and the accused was convicted under Section 138 of the Negotiable Instruments Act, 1881. The accused was directed to appear for sentencing, affirming the importance of judicial scrutiny in matters of cheque dishonour cases. (Para 49)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 411 HP
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Jagdev Singh Vs. Sudhir Nichal
Cr. Appeal No. 138 of 2011-Decided on 15-12-2023
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