Rebuttal of cheque dishonour presumption sustains acquittal when defence evidence remains credible and unshaken.

In a complaint under the Negotiable Instruments Act based on dishonoured cheques allegedly issued towards a loan liability, the statutory presumption under Section 139 remained rebuttable on a preponderance of probability. The accused's defence that the amount had already been repaid in cash was supported by the accused, his mother and an independent witness, and their evidence was not shaken in cross-examination. The inconsistency about the source of cash was treated as insufficient to reject the defence. The trial court's appreciation of evidence was found to be a plausible view, so leave to appeal against the acquittal was declined and the acquittal was left undisturbed.

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Issues: Whether leave to appeal against the acquittal in a complaint under Section 138 of the Negotiable Instruments Act should be granted.

Analysis: The complaint was based on dishonour of cheques allegedly issued in discharge of a loan liability. The defence was that the amount had already been repaid in cash and that the cheques were not returned. The statutory presumption under Section 139 of the Negotiable Instruments Act was noticed, but it was also noted that the accused could rebut it on a preponderance of probability. The defence version was supported by the testimony of the respondent, his mother, and an independent witness, whose evidence was not shaken in cross-examination. The inconsistency pointed out in the source of cash was held insufficient to discard the defence, and the Trial Court's appreciation of evidence was found to be a plausible view.

Conclusion: Leave to appeal was rightly declined and the acquittal was left undisturbed in favour of the respondent.

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