2017 (8) TMI 1078 - HC - Indian Laws

Conviction under Section 138 of the Negotiable Instruments Act - legally enforceable debt - Held that - In a trial under Section 138 of the Negotiable Instruments Act, a presumption has to be drawn that every negotiable instrument was made or drawn for consideration and that it was executed for discharge of debt or liability. No sooner the complainant discharges the burden to prove that the instrument was executed by the accused, the rules of presumption under Section 118 and 139 of the Act would ensure that the burden to prove to the contrary would be on the accused. The presumption will survive till the time the contrary is proved by the accused i.e. the cheque was not issued for consideration and in discharge of any debt or liability. Even though the respondent has not led any evidence but the statutory presumption in favour of the appellant/complainant stands rebutted because of the inconsistent plea of the appellant/complainant. The lower Appellate Court rightly took into account the aforesaid facts and additionally the claim of the respondent that he had lost some leaves of the cheque book including the subject cheque and for which a complaint also was lodged earlier. The Lower Appellate Court was absolutely justified in holding that the complainant could not prove her case regarding the existence of any legally enforceable debt against the respondent.

Issues Involved:
1. Existence of a legally enforceable debt.
2. Adequacy and correctness of the legal notice.
3. Contradictions in the appellant's statements.
4. Rebuttal of statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act.
5. Justification of the lower Appellate Court's judgment.

Detailed Analysis:

1. Existence of a Legally Enforceable Debt:
The appellant claimed to have given a family loan of ?5 lakhs to the respondent, of which ?2 lakhs was repaid, and the balance ?3 lakhs was represented by the dishonoured cheque. However, during cross-examination, the appellant altered her stance, stating the amount was for purchasing a flat from the respondent. The Trial Court initially found an enforceable debt, convicting the respondent under Section 138 of the Negotiable Instruments Act. The lower Appellate Court, however, noted the contradictions in the appellant's statements and found no credible evidence supporting the existence of a legally enforceable debt.

2. Adequacy and Correctness of the Legal Notice:
The respondent argued that no proper legal notice was issued regarding the cheque. The appellant had sent a legal notice dated 15.04.2009, but the lower Appellate Court found inconsistencies in the appellant's claim and the documentation provided. The appellant also mentioned a wrong cheque number in the complaint, which was later argued as a typographical error. Despite this, the Court found this error not to be the sole determinant but considered other factors in deciding the case.

3. Contradictions in the Appellant's Statements:
The appellant's statements were inconsistent. Initially, she claimed the money was a family loan, but later stated it was for purchasing a flat. She failed to provide specific details about the flat or the transaction. The lower Appellate Court found these contradictions significant enough to doubt the appellant's credibility, noting the lack of evidence such as an agreement or receipt to support her claims.

4. Rebuttal of Statutory Presumptions under Sections 118 and 139 of the Negotiable Instruments Act:
Sections 118 and 139 of the Negotiable Instruments Act presume the existence of a legally enforceable debt unless proven otherwise. The respondent, in his defense under Section 313 of the Code of Criminal Procedure, denied taking any loan and claimed to have paid substantial amounts to the appellant's husband for educational purposes. The lower Appellate Court found that the respondent successfully rebutted the presumption by highlighting the inconsistencies in the appellant's case and the lack of concrete evidence supporting her claims.

5. Justification of the Lower Appellate Court's Judgment:
The lower Appellate Court acquitted the respondent, finding the appellant's case filled with doubts and contradictions. The Court noted that the appellant failed to prove the existence of a legally enforceable debt or liability. The respondent's claim of losing cheque leaves, including the subject cheque, was also considered. The High Court upheld the lower Appellate Court's decision, finding no reason to interfere with the judgment.

Conclusion:
The High Court dismissed the appeal, affirming the lower Appellate Court's judgment that the appellant failed to prove the existence of a legally enforceable debt against the respondent. The contradictions in the appellant's statements and lack of supporting evidence were pivotal in rebutting the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act.

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