2023 (1) TMI 1422 - HC - Indian Laws

Dishonour of Cheque - complainant has failed to show any legally enforceable debt or liability - - rebuttal of presumption - offence is made out under Section 138 of the N.I. Act or not - acquittal under Section 251(1) of the Code of Criminal Procedure - HELD THAT - The evidence in this case reflects that no probable defence has been created by the accused nor the accused has been able to dislodge or rebut the prosecution evidence. As such there is no scope for interference with the order of appeal so passed. Accordingly, the judgment and order in Criminal Appeal 195 of 2019 is hereby affirmed - Appeal dismissed.

Issues Involved:
1. Validity of the conviction under Section 138 of the Negotiable Instruments Act.
2. Presumption of liability under Sections 118 and 139 of the N.I. Act.
3. Rebuttal of presumption by the accused.
4. Appellate Court's authority to overturn a trial court's acquittal.
5. Interpretation and application of legal principles concerning appeals against acquittal.

Detailed Analysis:

1. Validity of the Conviction under Section 138 of the Negotiable Instruments Act:
The case revolves around the conviction of the appellant under Section 138 of the N.I. Act, which pertains to the dishonor of a cheque due to insufficient funds. The complainant alleged that the appellant issued a cheque for Rs. 1,70,000/- to discharge a liability, which was dishonored. The trial court acquitted the appellant, citing a lack of evidence to prove the existence of a legal debt or liability at the time of cheque issuance. However, the appellate court reversed this decision, emphasizing the statutory presumption of liability under the N.I. Act.

2. Presumption of Liability under Sections 118 and 139 of the N.I. Act:
The appellate court highlighted that under Sections 118 and 139 of the N.I. Act, there is a presumption that the cheque was issued for the discharge of a debt or liability. This presumption places the initial burden of proof on the accused to rebut it. The appellate court found that the trial court failed to properly consider these presumptions, which are crucial in cases under Section 138 of the N.I. Act.

3. Rebuttal of Presumption by the Accused:
The appellate court noted that the accused can rebut the presumption by presenting direct or circumstantial evidence or relying on the presumption of facts. However, the accused in this case did not present any compelling evidence to rebut the presumption of liability. The appellate court observed that mere denial of consideration is insufficient; the accused must bring forth probable evidence to shift the burden back to the complainant, which was not done in this instance.

4. Appellate Court's Authority to Overturn a Trial Court's Acquittal:
The judgment discusses the principles governing appellate court intervention in acquittal cases. Generally, appellate courts are cautious in overturning acquittals unless the trial court's judgment is perverse or unsustainable. However, in cases under Section 138 of the N.I. Act, where statutory presumptions apply, the appellate court is justified in re-evaluating the evidence to determine if the presumption has been effectively rebutted. The appellate court found that the trial court had ignored the statutory presumptions and thus reversed the acquittal.

5. Interpretation and Application of Legal Principles Concerning Appeals Against Acquittal:
The judgment references precedents from the Supreme Court, emphasizing that the principles applicable to appeals against acquittal in other criminal cases do not strictly apply to cases under Section 138 of the N.I. Act. The appellate court is entitled to scrutinize the evidence to ascertain whether the accused has successfully rebutted the presumption of liability. The appellate court concluded that the accused failed to do so, and thus the conviction was justified.

In conclusion, the appellate court affirmed the conviction and sentence imposed by the trial court, directing the appellant to pay the fine or face imprisonment. The judgment underscores the importance of statutory presumptions under the N.I. Act and the necessity for the accused to provide substantial evidence to rebut these presumptions in cheque dishonor cases.

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