Rebuttable presumptions in cheque dishonour cases can be displaced on the complainant's own evidence, sustaining acquittal.

In Section 138 proceedings, the statutory presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act are rebuttable, and the accused may displace them on a preponderance of probabilities by relying on the complainant's own evidence; the defence was held probabilised on the record, so the acquittal was upheld. A belated objection to the mode of proof of documents could not be entertained after the documents had been admitted in evidence. Omission of examination under Section 313 CrPC was treated as a safeguard for the accused and not, by itself, a ground for reversal at the complainant's instance.

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Issues: Whether the acquittal in the complaints under Section 138 of the Negotiable Instruments Act, 1881 called for interference on the grounds that the statutory presumptions were not rebutted, the documentary evidence of return of jewellery was not proved, and the accused was not examined under Section 313 of the Code of Criminal Procedure, 1973.

Analysis: The complainant's witness admitted, in cross-examination, receipt of jewellery and the contents/signatures on the documents relied upon by the defence. The original documents had been produced, shown and returned before the photocopies were exhibited, and no timely objection to the mode of proof had been raised. The Court held that objections as to mode of proof cannot be permitted at a later stage once the document has been admitted in evidence. As regards examination under Section 313 of the Code of Criminal Procedure, 1973, the provision is intended for the benefit of the accused, and its omission does not by itself furnish a ground for the complainant to seek reversal. On the merits of Section 138 proceedings, the statutory presumptions under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 are rebuttable, and the accused may displace them on a preponderance of probabilities by relying on the complainant's own material. The defence stood probabilised on the record.

Conclusion: The acquittal was upheld and interference was declined.

Ratio Decidendi: In proceedings under Section 138 of the Negotiable Instruments Act, 1881, the accused may rebut the statutory presumptions on a preponderance of probabilities by relying on the complainant's evidence, and a belated objection to the mode of proof of documents cannot be raised after their admission in evidence.

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