Negotiable Instruments Act, Section 138, 139. – Acquital Set aside – Presumption – Rebuttal, Presumption of innocence – Acquittal – Perversity of judgment – Dishonor of Cheque – Appeal against acquittal – Whether the appellant successfully proved the elements of the offence under Section 138 of the Negotiable Instruments Act. The appellant argued that the trial court failed to appreciate the presumption under Section 139 of the N.I. Act and that the respondent’s defense was improbable. The respondent contended that he had rebutted the statutory presumption and that the trial court’s acquittal strengthened the presumption of innocence.
The court examined the elements of the offence under Section 138 of the N.I. Act, finding that the appellant had established the necessary ingredients. It emphasized the availability of the statutory presumption under Section 139 and noted the respondent’s failure to rebut it satisfactorily.
The court found that the trial court’s judgment was flawed, particularly in its treatment of evidence and failure to consider relevant documents and testimony. Citing Supreme Court precedents, it concluded that the judgment was perverse and required interference.
The court allowed the appeal, setting aside the trial court’s judgment and remanding the case for fresh consideration, emphasizing the importance of properly considering all evidence and documents. (Para 16)
GAUHATI HIGH COURT
2023 STPL(Web) 178 Gauhati
[2024 STPL 1646 Gauhati]
Sri Amitabh Saikia Vs. Sri Debojit Gogoi @ Debajit Gogoi
Criminal Appeal No. 65 of 2017-Decided on 7-11-2023
https://stpllaw.in/wp-content/uploads/2024/05/2023-STPLWeb-178-Gauhati.pdf
