2020 (12) TMI 1002 - HC - Indian Laws

Dishonor of Cheque - discharge of the legally enforceable liability - Section 138 of Negotiable Instruments Act, 1881 - HELD THAT - The complainant in support of her cases, she examined herself as PW.1 and got marked the documents as Exs.P1 to P5. The accused did not choose to lead any defense evidence rebutting the evidence of the complainant. Before re-appreciating the material available on record both oral and documentary evidence, firstly, this Court would like to consider the evidence of the complainant, who has been examined as PW.1. No explanation on the part of the complainant regarding what made the accused to demand her to return those cheques if the amount has not been paid. It is also important to note that PW.1 categorically admits that when the amount of ₹ 2,04,000/- was lent to the accused and not collected either the cheques or any documents and this transaction is the only one transaction without any document of cheque or any documentary proof for lending the money also cannot be accepted and the same is also un-natural - This Court has already held that the case of the complainant can be rebutted by two modes i.e., by effective cross-examination and also entering into the witness box. Though, the accused did not choose to enter into the witness box and in the cross-examination of PW.1 effectively cross-examined with regard to creating a doubt with regard to lending money to the tune of ₹ 2,04,000/-. There are no grounds to interfere with the findings of the Trial Court and there is no material to reverse the finding of the Trial Court - appeal dismissed.

Issues Involved:
1. Legally enforceable debt and issuance of cheques.
2. Rebuttal of statutory presumption under Section 139 of the NI Act.
3. Financial capacity of the complainant.
4. Appreciation of evidence by the Trial Court.

Issue-wise Detailed Analysis:

1. Legally enforceable debt and issuance of cheques:
The factual matrix involves the accused owing a sum of ?2,04,000 to the complainant and issuing four cheques of ?51,000 each, which were dishonoured. The complainant issued a notice under Section 138 of the NI Act, which the accused did not comply with, leading to the filing of complaints. The Trial Court issued summons, and the accused denied the allegations, leading to a trial where the complainant presented evidence, but the accused did not. The Trial Judge acquitted the accused, leading to the present appeals.

2. Rebuttal of statutory presumption under Section 139 of the NI Act:
The main contention by the complainant's counsel is that the Trial Judge erred by not drawing the statutory presumption under Section 139 of the NI Act, which presumes the existence of a legally enforceable debt once the issuance of cheques is admitted. The accused's defense was that the cheques were given as security for a loan of ?20,000, which was repaid. The Trial Judge's failure to draw the presumption and requiring the complainant to prove the debt was challenged.

3. Financial capacity of the complainant:
The Trial Judge questioned the complainant's financial capacity to lend ?2,04,000, noting the lack of documentary evidence of her income or business. The complainant admitted to having no bills or tax documents to support her claim of doing cloth business. The accused's counsel argued that the complainant, being the wife of a Railway Police, could not have such financial capacity, and the complainant failed to prove her capability to lend the money.

4. Appreciation of evidence by the Trial Court:
The Trial Court's appreciation of evidence was challenged, with the complainant's counsel arguing that the Trial Judge relied on unimportant factors and failed to appreciate the statutory presumption. The accused's counsel contended that the cross-examination of the complainant revealed inconsistencies and improbabilities, such as the complainant's admission that the accused demanded the return of the cheques, which supported the accused's defense. The Trial Court's detailed discussion of the evidence led to the conclusion that the complainant failed to prove the case beyond a reasonable doubt.

Conclusion:
The High Court, after re-appreciating the material on record, upheld the Trial Court's judgment, finding no error in the appreciation of evidence or the conclusions drawn. The appeals were dismissed, affirming the acquittal of the accused. The High Court emphasized that the presumption under Section 139 of the NI Act is rebuttable and can be challenged through effective cross-examination or by presenting evidence. The inconsistencies in the complainant's testimony and the lack of documentary evidence to support her financial capacity were critical factors in upholding the acquittal.

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