2018 (9) TMI 927 - HC - Indian Laws

Dishonor of cheque - existence of legally enforceable debt - Section 138 of Negotiable Instruments Act - Held that - Taking into consideration the entirety of the facts and circumstances of the case, the trial Court came to the conclusion that the respondent herein has successfully demonstrated in the crossexamination of P.W.1 that there is no prior legally enforceable debt as alleged by the complainant - the lower appellate Court has correctly came to the conclusion that there is no pre existing legally enforceable debt and set aside the conviction laid by the trial Court and acquitted the respondent is well founded on the facts and circumstances and evidence on record. Appeal dismissed.

Summary

Issues involved:
Appeal against acquittal under Negotiable Instruments Act - Presumption under Section 139 - Adverse interference for non-production of Books of account - Legally enforceable debt - Adverse inference under Section 114(g) of Indian Evidence Act - Failure to produce documentary evidence - Discrepancy in evidence - Pre-existing legally enforceable debt - Order of acquittal confirmed.

Analysis:
The judgment pertains to an appeal against acquittal under the Negotiable Instruments Act. The case originated from a private complaint filed by the appellant before the Judicial Magistrate, alleging that the respondent had borrowed a sum of money and issued two cheques as part repayment, which were subsequently dishonored. The Judicial Magistrate convicted the respondent based on the presumption under Section 139 of the Act. However, the respondent appealed, and the Additional District & Sessions Court reversed the conviction, leading to the current appeal.

The appellant argued that the lower court erred in not considering the cheques as issued for a legally enforceable debt and drawing adverse inference due to the non-production of Books of account. On the other hand, the respondent contended that the appellant's claim was based on a transaction involving her husband and disputed any knowledge or involvement with the chit fund company. The respondent claimed that the cheques were given as security for her husband's chit amount, which was allegedly misused.

The key point of contention was the existence of a pre-existing legally enforceable debt. The power agent of the appellant admitted to the execution of a pro note by the respondent but failed to produce it, leading to adverse inference under Section 114(g) of the Indian Evidence Act. Additionally, discrepancies arose regarding the alleged lending amount and the purpose for which it was intended, further weakening the appellant's case.

The trial court, considering the evidence and circumstances, concluded that the appellant failed to establish the existence of a prior legally enforceable debt. The appellate court upheld this finding, emphasizing the discrepancies and lack of documentary evidence. Consequently, the order of acquittal was confirmed, and the appeal was dismissed, thereby reversing the initial conviction and acquitting the respondent.

In conclusion, the judgment underscores the importance of substantiating claims with concrete evidence, especially in cases involving financial transactions and legal debts. The courts meticulously analyzed the evidence presented, highlighting the necessity of meeting the burden of proof to establish liability under the Negotiable Instruments Act.