Cheque dishonour prosecution requires proof of execution and bank memo authenticity before statutory presumptions can operate.

For an offence under Section 138 of the Negotiable Instruments Act, the complainant must first prove the cheque's execution by the accused before statutory presumptions arise. Here, the evidence did not conclusively establish that the accused signed the cheque, and cross-examination created doubt about the signatory's identity and the alleged liability. The presumption under Section 139 therefore could not be invoked. The presumption under Section 146 also failed because the dishonour memo was not shown to bear the bank's official mark or seal, and the original memo was not produced by the bank witness. The trial court's appreciation of evidence was found neither perverse nor absurd, so the acquittal was not interfered with.

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Issues: Whether the acquittal under Section 138 of the Negotiable Instruments Act called for interference, and whether the complainant had proved the cheque, the accused's signatures thereon, and the dishonour memo so as to attract the statutory presumptions.

Analysis: The complainant did not cogently establish that the cheque was signed by the accused. His cross-examination created doubt about the identity of the signatory and, consequently, about the issuance of the cheque in discharge of a legally enforceable liability. The statutory presumption under Section 139 of the Negotiable Instruments Act could not operate unless the foundational fact of execution was proved. The presumption under Section 146 of the Negotiable Instruments Act also did not assist the complainant because the return memo produced was not shown to bear the official mark or seal of the bank, and the original memo was not brought on record by the bank witness. The trial court's appreciation of evidence was found to be neither perverse nor absurd.

Conclusion: The acquittal did not warrant appellate interference, and the complaint failed to establish the ingredients of the offence under Section 138 of the Negotiable Instruments Act.

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