Presumption under cheque dishonour law supported remand where account records and authorisation documents were not fully considered.

In a Section 138 Negotiable Instruments Act matter, the court noted that admitted signatures on the cheques attracted the statutory presumption of issuance for consideration and toward a legally enforceable debt. The accused's plea that the cheques were blank security cheques had to be proved by the defence. Additional appellate documents, including the account statement and the company authorisation resolution, were treated as relevant to the complainant's claim and to whether the cheque amounts were due. Because the earlier acquittal rested on an incomplete evidentiary record, the matter was remanded for fresh disposal with both sides allowed to adduce further evidence.

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Issues: Whether the acquittal in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 could be sustained in the absence of production of the account statement and authorisation documents, and whether the matter required remand for fresh disposal.

Analysis: The cheques were admitted to bear the accused's signatures, attracting the statutory presumption that they were issued for consideration and in discharge of a legally enforceable debt. The defence plea that the cheques were blank security cheques had to be established by the accused. The additional documents produced in appeal, namely the statement of accounts and the resolution authorising the company representative, were found to be relevant to the complainant's case and to the question whether the cheque amounts were due. In these circumstances, the earlier acquittal rested on an incomplete evidentiary record, and the complainant deserved an opportunity to prove the additional documents before the trial court.

Conclusion: The acquittal was set aside and the complaint was remanded to the trial court for fresh disposal after permitting both sides to adduce further evidence.

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