2020 (1) TMI 883 - HC - Indian Laws

Dishonor of Cheque - insufficiency of funds - enforceable debt and liability or not - Validity of Verdict of acquittal pronounced by the learned trial court - HELD THAT - Even though, the, accused, has placed reliance, upon, Ex. Dx, containing echoings, vis-a-vis, Ex.CW1/A becoming lost, hence the banker concerned, becoming requested to not honour the afore exhibit, (i) nonetheless, veracity, of, the, afore echoings, as, borne therein, becomes rather underwhelmed or eroded, vis-a-vis, their vigour, in, the, face, of, the, afore suggestions becoming hence meted, to, the, complainant, during, his, becoming cross-examined, hence, by, the, defence counsel. Since, the, afore statutory presumption, is, hence workable, vis-a-vis, the complainant, and, when also, the, afore statutory presumption, hence, remained un-displaced, by, any cogent rebuttal evidence becoming adduced, by, the, respondent/accused, (ii) besides when no cogent evidence becomes adduced, vis-a-vis, the, complainant, despite, no subsisting legal enforceable debt or liability, erupting, inter se, both, yet, rather Ex.CW1/A becoming issued merely, as, a security, (iii) thereupon, it becomes unflinchingly con-cludable, vis-a-vis, the, issuance of Ex.CW1/A, by, the, accused, in, favour, of, the, complainant, being towards, the, discharge(s) there through, vis-a-vis, the, apposite contractually enforceable debt or other liability, and, appertaining, to, the, expenditure, of, re-treading of tyres, as, conducted, in, the, unit, of, the, complainant. The instant appeal is allowed, and, the verdict impugned before this Court is set aside.

Summary

Issues:
Appeal against acquittal under Section 138 of the Negotiable Instruments Act.

Analysis:
1. Facts and Allegations:
The case involves a complaint against the accused for dishonoring a cheque issued to the complainant for the discharge of outstanding liabilities. The complainant, a retreading business owner, alleged that the accused had a credit account with him and issued a cheque which was dishonored by the bank with the endorsement "Drawer has stopped the payment."

2. Trial Court Proceedings:
The trial court found sufficient material to proceed against the accused under Section 138 of the Negotiable Instruments Act. The complainant and the accused presented their evidence, with the accused claiming innocence and false implication. The trial court, after evaluating the evidence, acquitted the accused.

3. Arguments on Appeal:
The counsel for the complainant argued that the trial court's acquittal was based on a misappreciation of evidence and sought a reversal to a conviction. On the other hand, the counsel for the accused contended that the acquittal was based on a balanced appreciation of evidence and should not be interfered with.

4. Presumption in Favor of Holder:
The court discussed Section 139 of the Negotiable Instruments Act, which presumes that the holder received the cheque for the discharge of a debt unless proven otherwise. The absence of effective rebuttal evidence by the accused led to the court concluding that the cheque was issued to discharge a legally enforceable debt.

5. Rebuttal Evidence and Legal Presumptions:
The court highlighted that the accused failed to provide convincing rebuttal evidence, despite suggesting during cross-examination that the cheque was handed over to an employee of the complainant. The court emphasized that the accused's actions, including not contesting the handwriting on the cheque, indicated his involvement in issuing the cheque.

6. Verdict and Conviction:
The court found that the statutory presumption in favor of the complainant remained unchallenged and that the accused's reliance on certain documents was undermined by the lack of substantial evidence. Consequently, the appeal was allowed, the acquittal was set aside, and the accused was convicted under Section 138 of the Negotiable Instruments Act. The accused was directed to appear for sentencing on a specified date.

This detailed analysis of the judgment highlights the key legal aspects, evidence evaluation, arguments presented, and the ultimate decision of the High Court to convict the accused under Section 138 of the Negotiable Instruments Act.