2006 (5) TMI 552 - HC - Income Tax

Summary

Issues:
- Appellant challenging acquittal under Section 138 of the Negotiable Instruments Act
- Accused claiming no liability due to a blank cheque
- Interpretation of liability under Section 138 based on evidence and legal precedents

Analysis:

1. The appellant filed a case against the accused under Section 138 of the Negotiable Instruments Act, alleging non-payment of a sum of Rs. 50,000 represented by a bounced cheque. The appellant contested the lower court's decision to acquit the accused, citing the admission of liability in the reply notice (Ext.P5) and the return of the cheque due to insufficient funds. The appellant relied on the decision in I.C.D.S.Ltd. v. Beena Shabeer to support their claim.

2. The accused, in response, argued that the cheque in question was a blank one issued as security for a gold transaction, and no actual liability existed as claimed by the appellant. The accused contended that the lower court's acquittal was justified based on these grounds.

3. Referring to the precedent set by I.C.D.S.Ltd. v. Beena Shabeer, the court emphasized that under Section 138 of the Act, liability cannot be avoided if a cheque is returned unpaid by the bank. The court noted that even if a blank cheque is issued as security, the holder can fill it with the necessary details later, making the issuer liable for any resulting debt.

4. The evidence presented confirmed that the accused issued the cheque, which bounced due to insufficient funds, and acknowledged some form of transaction and liability towards the appellant. As such, the court concluded that unless the accused provides strong evidence to rebut the presumption under Sections 118 and 139 of the Act, they cannot escape criminal liability under Section 138, especially when some liability is admitted as in Ext.P5.

5. Based on the above analysis, the court convicted the accused, ordering a day's imprisonment until the rising of the court, a compensation payment of Rs. 50,000 to the appellant, and a three-month simple imprisonment in case of payment failure. The court clarified that the deposited compensation would be awarded to the appellant. The appeal was allowed, and the judgment was reversed in favor of the appellant/complainant.