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2018 (9) TMI 1076 - HC - Indian LawsDishonor of Cheque - Section 138 of the Negotiable Instruments Act, 1881 - whether liability for an amount of ₹4,90,000/- towards the respondent accused existed? - Held that - On appreciation of evidence led by the parties it is amply clear and as rightly noted by the learned Trial Court that the appellant has not been able to prove the liability for a sum of ₹4,90,000/-. Hence, this Court finds no error in the impugned judgment - appeal dismissed.
Issues Involved:
1. Legally enforceable debt. 2. Dishonour of cheque. 3. Presumption under Section 139 of the Negotiable Instruments Act. 4. Rebuttal of presumption by the accused. 5. Evidence and testimonies. Issue-wise Detailed Analysis: 1. Legally Enforceable Debt: The appellant claimed that the respondent owed ?4,90,000/- for expenses related to tenders and bus body construction. The appellant alleged that he paid ?50,000/- for tenders and ?6,15,000/- to body makers on behalf of the respondent, receiving back ?2,75,000/-, thus leaving a balance of ?3,90,000/-. Additional amounts of ?5,400/- (credit card), ?2,000/- (cash), ?5,000/- (interest), and ?3,750/- (tyre repair) were also claimed. The respondent issued a post-dated cheque for ?4,90,000/- which was dishonoured due to insufficient funds. 2. Dishonour of Cheque: The cheque issued by the respondent was dishonoured twice upon presentation, leading to the appellant sending a legal notice demanding payment. The respondent failed to make the payment, resulting in the appellant filing a complaint under Section 138 of the Negotiable Instruments Act, 1881. 3. Presumption under Section 139 of the Negotiable Instruments Act: The Supreme Court's decision in Rangappa v. Sri Mohan was cited, which discussed the presumption under Sections 118, 138, and 139 of the NI Act. The presumption under Section 139 is that the cheque was issued for the discharge of a debt or liability, placing the burden on the accused to rebut this presumption. 4. Rebuttal of Presumption by the Accused: The respondent argued that the presumption of debt was rebutted by the testimonies of defence witnesses, including himself. The Trial Court found that the body-making charges were ?1,22,000/- per bus, not ?1,23,000/- as claimed by the appellant, and that part payments were made by the respondent. Testimonies indicated that payments for body making were made by both parties and that the appellant did not maintain separate accounts for the buses. The Trial Court found discrepancies in the appellant's claims and concluded that the presumption under Sections 118 and 139 NI Act was rebutted. 5. Evidence and Testimonies: The appellant's evidence included the original cheque, return memos, legal notice, and registered post receipts. Defence witnesses Moin Khan and Asif testified about the body-making charges and payments made by the respondent. The Trial Court noted that the appellant failed to prove the exact liability and the oral settlement claimed by the appellant was not supported by any witness or clear evidence. Conclusion: The High Court upheld the Trial Court's judgment, concluding that the appellant failed to prove the liability of ?4,90,000/-. The evidence presented by the appellant was insufficient to establish the claimed debt, and the presumption under Section 139 was successfully rebutted by the respondent. The appeal was dismissed, and the Trial Court's judgment was affirmed.
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