2002 (7) TMI 828 - HC - Indian Laws

Court emphasizes presumptions under Sections 118 & 139, overturns acquittal under Section 138 of N.I. Act

Joseph Jose Versus J. Baby And State Of Kerala

The court overturned the acquittal of the accused under Section 138 of the N.I. Act, emphasizing the importance of the presumptions available under ... - Issues involved:1. Acquittal of accused under Section 138 of N.I. Act2. Whether complainant established the offence under Section 138 of N.I. Act3. Reliefs soughtAnalysis:Issue 1: Acquittal of accused under Section 138 of N.I. ActThe appellant challenged the acquittal of the accused under Section 138 of the N.I. Act. The complainant alleged that the accused issued a cheque that was dishonored, and despite sending a notice of dishonor, the accused was acquitted. The appellant argued that the reasons for acquittal were trivial and untenable, emphasizing the misconceived scope of jurisdiction by the Magistrate. The court agreed that the reasons given for rejection were insufficient and that the Magistrate ignored the presumptions available under Sections 118 and 139 of the N.I. Act. It was clarified that the complainant need not provide detailed original transaction information, only that the cheque was issued to discharge a debt. The court highlighted that the purpose of Section 138 is to lend credibility to cheque transactions and that the burden of proof is not on the complainant to establish the entire transaction details.Issue 2: Whether complainant established the offence under Section 138 of N.I. ActThe court found that the complainant had provided documents proving the dishonor of the cheque, timely issuance of notice, and return of unserved notice with an 'unclaimed' endorsement. Citing precedent, the court noted that the 'unclaimed' endorsement can be considered as refusal, and actual delivery of notice is not necessary for compliance with Section 138. The burden to prove non-tender of the article lies with the accused. Additionally, under Sections 118(a) and 139, there are presumptions regarding consideration for the cheque and its issuance for the discharge of a legal liability. The court emphasized that the details of the legal liability were adequately presented by the complainant, making the trial court's acquittal unjustified.Issue 3: Reliefs soughtBased on the findings regarding the first issue, the court set aside the impugned judgment and remitted the matter to the trial court for a fresh judgment, directing consideration of the legal principles discussed and compliance with the law.This comprehensive analysis of the judgment highlights the key legal aspects, including the burden of proof, presumptions under the N.I. Act, and the court's decision to remit the case for a fresh judgment.