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TMI Blog2022 (8) TMI 1303X X X X Extracts X X X X X X X X Extracts X X X X ..... the holder of a cheque received the cheque of the nature referred to in Section 138 for discharge, in whole or in part, of any debt or other liability. Therefore, once the initial burden is discharged by the Complainant that the cheque was issued by the accused and the signature and the issuance of the cheque is not disputed by the accused, in that case, the onus will shift upon the accused to prove the contrary that the cheque was not for any debt or other liability. The presumption under Section 139 of the N.I. Act is a statutory presumption and thereafter, once it is presumed that the cheque is issued in whole or in part of any debt or other liability which is in favour of the Complainant/holder of the cheque, in that case, it is for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the High Court of Kerala at Ernakulam in Criminal Revision Petition Nos. 637, 638 639 of 2017, by which the High Court has allowed the said Revision Applications and has acquitted the respondent No.1-accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short the N.I. Act ) by reversing the concurrent findings recorded by both the Courts below, the original Complainant has preferred the present Appeals. 5. The learned trial Court convicted the accused for the offence punishable under Section 138 of the N.I. Act and sentenced to undergo simple imprisonment for three months in each case. The learned trial Court also sentenced to pay a fine of Rs.5,00,000/- and, in default of payment of fine, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f fund. However, the High Court has failed to note the presumption under Section 139 of the N.I. Act. As per Section 139 of the N.I. Act, it shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in Section 138 for discharge, in whole or in part, of any debt or other liability. Therefore, once the initial burden is discharged by the Complainant that the cheque was issued by the accused and the signature and the issuance of the cheque is not disputed by the accused, in that case, the onus will shift upon the accused to prove the contrary that the cheque was not for any debt or other liability. The presumption under Section 139 of the N.I. Act is a statutory presumption and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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