2018 (8) TMI 2072 - HC - Indian Laws

Dishonor of cheque - insufficiency of funds - rebuttal of statutory presumption - Section 138 of NI Act - HELD THAT - The respondent/accused has not disputed the handwriting on the two cheques and has not denied that the signature on the two cheques is of the respondent/accused. The respondent/accused has not denied that the transaction in respect of Plot No. 28 had taken place and the respondent/accused admitted that he had received ₹ 09,00,000/- - the accused only denied that he had not received ₹ 13,60,000/as claimed by the accused. The learned Magistrate should have granted benefit of statutory presumption created by Section 139 of the Act of 1881 and should have rejected the defence of the respondent/accused. The learned Magistrate has committed an error by placing the burden on the complainant to show that the transaction in respect of Plot No. 28 had taken place. The learned Magistrate has further committed an error by delving into the genuineness of the transaction in respect of plot No. 28, when the accused had also not denied the transaction and admitted that he had received ₹ 09,00,000/- towards part payment as per the agreement of sale. The impugned judgments are unsustainable - Appeal allowed - decided in favor of appellant.

Summary

Issues involved:
1. Agreement of sale for Plot No. 28 and subsequent cancellation.
2. Issuance of post-dated cheques and their dishonor.
3. Legal proceedings under Section 138 of the Negotiable Instruments Act, 1881.
4. Evaluation of evidence and burden of proof.
5. Application of statutory presumption under Section 139 of the Act.
6. Judgment of the learned Magistrate and its scrutiny.
7. Decision on guilt and imposition of fines or imprisonment.

Analysis:

1. The judgment addresses the agreement of sale for Plot No. 28, where the appellant claimed to have paid a partial amount to the respondent/accused. Subsequently, the agreement was canceled, and post-dated cheques were issued by the appellant. The respondent/accused disputed the total amount paid, leading to legal disputes.

2. The focus shifts to the dishonor of the post-dated cheques issued by the appellant, which triggered legal action under Section 138 of the Negotiable Instruments Act, 1881. The respondent/accused failed to comply with the notice requirements, leading to the filing of complaints by the appellant.

3. The judgment delves into the evaluation of evidence, noting that the respondent/accused did not dispute the cheques' authenticity or the transaction regarding Plot No. 28. The respondent admitted receiving a partial amount, but contested the total sum claimed by the appellant.

4. The court emphasized the application of statutory presumption under Section 139 of the Act, stating that the burden of proof should not have been placed on the complainant to establish the transaction's occurrence. The learned Magistrate's errors in assessing the genuineness of the transaction were highlighted.

5. Ultimately, the judgment concludes that the impugned judgments are unsustainable. The complaints filed by the appellant are allowed, finding the respondent/accused guilty under Section 138 of the Act. Fines are imposed, and directions for depositing specific amounts are provided, with consequences of imprisonment for non-compliance.

6. The order sets aside the judgments of the learned Magistrate, establishes the guilt of the respondent/accused, and outlines the fines to be paid. Additionally, compensation amounts for the appellant are specified, along with directives for imprisonment in case of non-compliance with the fine payment deadlines.

7. The judgment ensures that the sentences in the two cases run consecutively, and the appeals are allowed in favor of the appellant. The detailed analysis covers the legal intricacies of the case, emphasizing the application of relevant statutory provisions and the assessment of evidence to arrive at a just decision.