2010 (5) TMI 391 - SC - Companies Law

Dishonour of cheque for insufficiency, etc., of funds in account. Whether the ingredients of the offence enumerated in section 138 of the Act have been met and if so, whether the accused was able to rebut the statutory presumption contemplated by section 139 of the Act Held that - Appeal dismissed. As per the record of the case, there was a slight discrepancy in the complainant s version, insofar as it was not clear whether the accused had asked for a hand loan to meet the construction-related expenses or whether the complainant had incurred the said expenditure over a period of time. Either way, the complaint discloses the prima facie existence of a legally enforceable debt or liability since the complainant has maintained that his money was used for the construction-expenses. Since the accused did admit that the signature on the cheque was his, the statutory presumption comes into play and the same has not been rebutted even with regard to the materials submitted by the complainant. No reason to interfere with the final order of the High Court which recorded a finding of conviction against the appellant.

Issues Involved:
1. Interpretation of Section 139 of the Negotiable Instruments Act, 1881.
2. Rebuttal of statutory presumption under Section 139.
3. Legally enforceable debt or liability.
4. Discrepancies in the complainant's version.
5. High Court's reversal of the trial court's acquittal.
6. Applicability of Section 138 in cases of 'stop payment' instructions.

Detailed Analysis:

1. Interpretation of Section 139 of the Negotiable Instruments Act, 1881:
The primary legal question pertained to the interpretation of Section 139, which shifts the burden of proof onto the accused in cheque bouncing cases. The Supreme Court emphasized that Section 139 mandates a presumption that the cheque pertains to a legally enforceable debt or liability. This presumption is rebuttable, and the accused must raise a probable defense to counter it.

2. Rebuttal of Statutory Presumption under Section 139:
The High Court noted that the accused admitted the signature on the cheque was his, triggering the presumption under Section 139. The accused's defense of losing a blank cheque was not found probable. The Supreme Court reiterated that while the presumption under Section 139 is mandatory, it can be rebutted by the accused by raising a probable defense, which must be more than a mere plausible explanation.

3. Legally Enforceable Debt or Liability:
The Supreme Court clarified that the presumption under Section 139 includes the existence of a legally enforceable debt or liability. The accused's failure to reply to the statutory notice and the discrepancies in his defense weakened his case. The Court emphasized that the standard of proof for rebutting the presumption is 'preponderance of probabilities.'

4. Discrepancies in the Complainant's Version:
The trial court had noted discrepancies in the complainant's version regarding when the cheque was issued and the nature of the debt. However, the High Court found these discrepancies immaterial since the accused did not raise a probable defense. The Supreme Court agreed, stating that the complainant's version disclosed a prima facie existence of a legally enforceable debt or liability.

5. High Court's Reversal of the Trial Court's Acquittal:
The High Court reversed the trial court's acquittal, finding that the accused had not raised a probable defense to rebut the presumption under Section 139. The Supreme Court upheld this decision, agreeing that the accused's defense was not credible and that the statutory presumption had not been rebutted.

6. Applicability of Section 138 in Cases of 'Stop Payment' Instructions:
The Supreme Court clarified that Section 138 of the Act can be attracted when a cheque is dishonored due to 'stop payment' instructions, irrespective of the sufficiency of funds. The Court cited previous judgments to support this interpretation, emphasizing that allowing routine 'stop payment' instructions would undermine the credibility of post-dated cheques.

Conclusion:
The Supreme Court found no reason to interfere with the High Court's decision, which recorded a finding of conviction against the appellant. The appeal was disposed of accordingly, reinforcing the interpretation of Sections 138 and 139 of the Negotiable Instruments Act and the standards for rebutting the statutory presumption.

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