In a case involving dishonor of a cheque, the prosecution ...

Accused convicted for misusing signed cheque despite complainant's lapses.

Case Laws     Indian Laws

September 23, 2024

In a case involving dishonor of a cheque, the prosecution successfully discharged its burden u/s 138 of the Negotiable Instruments Act. The sole respondent admitted to misusing signed cheques, but no evidence was presented to substantiate this claim. Consequently, the presumption favored the complainant that the cheque was issued by the accused for payment of existing dues. The trial court erroneously relied on lapses by the complainant to disbelieve the cheque's validity u/s 138 and wrongly concluded that the accused discharged the burden u/s 139 due to these lapses. The High Court overturned the acquittal, convicted the sole respondent u/s 138, and imposed a two-month simple imprisonment sentence along with a fine equal to the cheque amount plus 30% as compensation, payable within a month, failing which the amount would be recoverable according to prescribed law.

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