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2020 (12) TMI 1008 - HC - Indian LawsDishonor of Cheque - appreciation of evidence in cases arising out of 'Cheque Bounce under Negotiable Instruments Act, 1881 - legally enforceable debt or liability or not - HELD THAT - The findings of the learned Trial Court that the complainant has failed to prove the debt and the accused has substantiated his defence by preponderance of probability is totally illegal, perverse and not based on the evidence on record or the settled principles regarding appreciation of evidence. The accused has failed to rebut statutory presumption in favour of complainant. The Trial Court has not appreciated the principles stated by the Hon'ble Supreme Court and this Court in the cases under Negotiable Instruments Act, particularly cheque bounce case. The Trial Court has failed to appreciate the burden of proof and drawing presumption. Only on untenable contentions and evidence, the Trial Court has acquitted the accused. Therefore, the judgment of the Trial Court is illegal, perverse and needs interference by this Court and liable to be set aside. It is crystal clear that, the accused has committed an offence punishable under Section 138 of Negotiable Instruments Act and he needs to be sentenced accordingly - The Section 138 of Negotiable Instruments Act, 1881 provides punishment both imprisonment which may extend two years or with fine which may extend to twice the amount of cheque, or with both. The offences under Negotiable Instrument Act, are regulatory offences intend to give sanctity to the negotiable instruments. Keeping in mind the settled principles regarding imposition of sentence in cheque bounce case, the accused needs to be imposed the fine double the cheque amount. In this case the cheque amount is ₹ 9,80,000/-. The case of the year 2012. Now we are in the end of the year 2020. So, nearly eight years the case is pending. Therefore, the imposition of double the cheque amount as a fine is a proper sentence. The Criminal Appeal filed under Section 378 (4) of Code of Criminal Procedure by the appellant / complainant is allowed.
Issues Involved:
1. Legally enforceable debt or liability. 2. Presumption under Sections 118 and 139 of the Negotiable Instruments Act. 3. Evidence and burden of proof. 4. Appreciation of evidence by the Trial Court. 5. Judgment of acquittal by the Trial Court. Detailed Analysis: 1. Legally Enforceable Debt or Liability: The complainant alleged that the accused borrowed ?9,80,000/- and issued a cheque for repayment, which was dishonored due to insufficient funds. The accused contended that the cheque was issued as security for a chitt transaction and that no legally enforceable debt existed. The High Court found that the complainant had established the existence of a legally enforceable debt through the issuance and dishonor of the cheque, supported by documentary evidence such as the cheque, bank endorsements, and legal notice. 2. Presumption under Sections 118 and 139 of the Negotiable Instruments Act: The High Court emphasized that once the issuance of a cheque and the signature are admitted, a statutory presumption arises under Sections 118 and 139 of the Negotiable Instruments Act that the cheque was issued for the discharge of a debt or liability. The burden to rebut this presumption lies on the accused. The accused failed to provide sufficient evidence to rebut the presumption, merely claiming that the cheque was issued as security and had been misused. 3. Evidence and Burden of Proof: The complainant provided evidence including the cheque, bank endorsements, legal notice, and his testimony, which the High Court found credible. The accused's defense lacked corroborating evidence, such as documents proving the chitt transaction or any action taken against the complainant for alleged misuse of the cheque. The High Court held that the accused did not discharge the burden of proof to rebut the presumption in favor of the complainant. 4. Appreciation of Evidence by the Trial Court: The High Court criticized the Trial Court for not properly appreciating the evidence and the statutory presumptions under the Negotiable Instruments Act. The Trial Court's findings that the complainant did not prove the source of funds and that no additional security documents were executed were deemed legally untenable. The High Court noted that the Trial Court's reliance on stray sentences from the complainant's testimony was misplaced and not supported by the overall evidence. 5. Judgment of Acquittal by the Trial Court: The High Court found the Trial Court's judgment of acquittal to be illegal and perverse, as it failed to apply the correct legal principles and appreciate the evidence properly. The High Court set aside the acquittal, convicted the accused under Section 138 of the Negotiable Instruments Act, and imposed a fine of ?19,60,000/- (double the cheque amount), with a default sentence of one year simple imprisonment. The fine was to be paid as compensation to the complainant, with a small portion credited to the State Account. Conclusion: The High Court reversed the Trial Court's judgment, holding that the complainant had proved the case under Section 138 of the Negotiable Instruments Act, and the accused had failed to rebut the statutory presumption of a legally enforceable debt. The accused was convicted and sentenced accordingly.
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