2010 (1) TMI 1305 - HC - Indian Laws

Summary

Issues Involved:
1. Dishonour of cheque and legally enforceable debt.
2. Reasonableness of the Trial Court's findings.
3. Presumption under Sections 118, 139, and 138 of N.I. Act, 1881.
4. Appellate Court's power to review evidence.
5. Sentence and compensation.

Summary:

1. Dishonour of Cheque and Legally Enforceable Debt:
The appeal was filed against the acquittal of the respondent/accused for the offence punishable u/s 138 of the N.I. Act, 1881. The cheque in question, dated 10.10.2007, was dishonoured due to insufficient funds. The appellant/complainant claimed the cheque was issued towards part payment for cashew nuts worth Rs. 93,640/-. The Trial Court acquitted the respondent/accused, stating the appellant failed to prove the cheque was issued towards a legally enforceable debt.

2. Reasonableness of the Trial Court's Findings:
The Trial Court's logic was questioned by the appellant's advocate, arguing that the evidence showed continuous business transactions and outstanding dues of Rs. 3 Lacs. The Trial Court had presumed the payment of Rs. 55,000/- was adjusted towards Rs. 93,640/-, leaving a balance of Rs. 38,640/-, not Rs. 41,000/-. The appellant argued that the Trial Court overlooked material evidence and statutory presumptions under Sections 118, 139, and 138 of the N.I. Act, 1881.

3. Presumption under Sections 118, 139, and 138 of N.I. Act, 1881:
The appellant's advocate emphasized that the presumption in law about the issuance of the cheque for discharge of a debt or liability was ignored by the Trial Court. The respondent/accused failed to rebut the presumption of a legally enforceable debt, as evidenced by the cash credit memos and continuous business transactions.

4. Appellate Court's Power to Review Evidence:
The appellant's advocate cited judgments to argue that the High Court has full powers to review evidence and ascertain the reasonableness of the Trial Court's appreciation of evidence. The Trial Court's approach was criticized for ignoring the basic principles of criminal law and extraneous considerations.

5. Sentence and Compensation:
The High Court reversed the acquittal, convicting the respondent/accused u/s 138 of N.I. Act, 1881. The respondent/accused was sentenced to a fine of Rs. 60,000/-, with Rs. 50,000/- to be paid as compensation to the appellant/complainant. The fine was to be deposited within four weeks, and in default, the respondent/accused would undergo S.I. for three months. The Registry was directed to arrange for the payment of compensation.

Conclusion:
The High Court found the Trial Court's logic unreasonable and not probable, reversing the acquittal and convicting the respondent/accused, emphasizing the statutory presumptions and material evidence supporting the existence of a legally enforceable debt.