Section 138 cheque dishonour conviction upheld where presumption of liability remained unrebutted and sentence was found reasonable.

Cheques issued towards a legally enforceable debt were dishonoured on presentation, and the statutory presumption under the Negotiable Instruments Act was not rebutted because the appellant produced no satisfactory evidence to dislodge liability. The appellate court found the trial court's appreciation of evidence proper and upheld the conviction under Section 138, holding that the imprisonment and compensation awarded were fair and reasonable in the circumstances. The appeal was dismissed.

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Issues: Whether the conviction under Section 138 of the Negotiable Instruments Act, 1881 and the sentence imposing imprisonment and compensation required interference in appeal.

Analysis: The appellate court found that the cheques were issued towards a legally enforceable debt and were dishonoured on presentation. It held that the appellant failed to produce satisfactory evidence to rebut the liability or dislodge the statutory presumption. The trial court's appreciation of the evidence was found to be proper, and the sentence including compensation was considered fair and reasonable in the circumstances.

Conclusion: The conviction and sentence were upheld and the appeal was dismissed.

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