2019 (4) TMI 2161 - HC - Indian Laws

Dishonour of Cheque - insufficient funds - challenge to judgment of acquittal, recorded by the learned trial Court - rebuttal of statutory presumption - HELD THAT - The evidence adduced, by the accused, making palpable echoing(s), qua the purported existing or legally enforceable liabilities, rather being indemnified or liquidated, thereupon this Court, proceeding to render the subsequent thereto, and it hence concluding qua rather adequate rebuttal evidence, in dis-proof, of, the statutory presumption, hence being adduced. However, extantly, the complainant apart from meteing, the afore suggestion, to the complainant while holding him, to cross-examination, and, with this Court, in the afore discussion, dwindling the force of the afore suggestion, meted to the complainant, during, his cross-examination, and, it concluding qua, the statutory presumption, striven to hence therethrough, being belittled, rather suffering futility. This Court holds that the learned trial Court has not appraised the entire evidence on record in a wholesome and harmonious manner and the analysis of the learned trial Court hence suffers from a perversity or absurdity of mis-appreciation and non-appreciation of evidence on record. The impugned judgment is quashed and set aside - Appeal allowed.

Summary

Issues Involved:
1. Validity of the trial court's acquittal judgment under Section 138 of the Negotiable Instruments Act.
2. Evaluation of evidence regarding the dishonored cheque and statutory presumption under Section 139 of the Negotiable Instruments Act.
3. Rebuttal of statutory presumption by the accused.

Issue-wise Analysis:

1. Validity of the trial court's acquittal judgment under Section 138 of the Negotiable Instruments Act:

The appeal was directed against the acquittal verdict rendered by the learned Judicial Magistrate, 1st Class, in a criminal complaint under Section 138 of the Negotiable Instruments Act. The complainant alleged that the accused issued a cheque for Rs. 5,10,000/- which was dishonored due to insufficient funds. The trial court acquitted the accused, concluding that the statutory presumption under Section 139 of the Act was rebutted by the accused. The complainant contested this acquittal, arguing that the trial court's findings were based on a gross misappreciation of the evidence on record.

2. Evaluation of evidence regarding the dishonored cheque and statutory presumption under Section 139 of the Negotiable Instruments Act:

The complainant presented evidence, including the dishonored cheque (Ext. CW 1/B) and the bank memo (Ext. CW 1/C), proving that the cheque was dishonored due to insufficient funds. The trial court's acquittal was based on the accused's statement under Section 313 Cr.P.C., where she claimed the cheque was issued as security and the goods were not supplied. The trial court found that the complainant failed to provide documentary evidence proving the delivery of goods and did not examine the truck driver who allegedly transported the goods.

3. Rebuttal of statutory presumption by the accused:

The trial court concluded that the statutory presumption under Section 139 was rebutted by the accused's statement and lack of documentary evidence from the complainant. However, the appellate court found that the trial court grossly misappreciated the mandate of Section 139. The appellate court emphasized that the statutory presumption in favor of the cheque holder remains unless the contrary is proven. The accused's mere statement without cogent evidence was insufficient to rebut the presumption.

The appellate court noted that the complainant's testimony and cross-examination suggested that the goods were dispatched, and the cheque was issued in discharge of a liability. The accused's failure to provide documentary proof or examine witnesses to support her claim weakened her defense. The appellate court held that the trial court's reliance on the accused's statement under Section 313 Cr.P.C. was inappropriate, as the defense counsel did not effectively challenge the complainant's evidence during cross-examination.

Conclusion:

The appellate court found merit in the appeal, quashed the trial court's acquittal judgment, and set it aside. The accused was ordered to be produced for a hearing on the quantum of sentence. The appellate court concluded that the trial court's analysis suffered from a perversity or absurdity of misappreciation and non-appreciation of evidence on record.