2023 (5) TMI 929 - HC - Indian Laws

High Court reverses acquittal, finds accused guilty in NI Act case.

Dipak Kumar Shaw Versus State Of West Bengal & Anr.

Dipak Kumar Shaw Versus State Of West Bengal & Anr. - TMI Issues Involved:1. Appreciation of evidence and misreading by the Trial Court.2. Presumption under Section 139 of the NI Act and its rebuttal.3. Proper examination of the accused under Section 251 of the CrPC.4. Financial capacity of the complainant to lend the money.5. Legal principles regarding acquittal under Section 138 of the NI Act.Summary:Issue 1: Appreciation of Evidence and Misreading by the Trial CourtThe appellant contended that the Trial Court failed to appreciate the evidence on record, leading to an erroneous acquittal. The complainant had provided evidence substantiating that a sum of Rs. 8,60,000/- was taken by the accused through three documents. The Trial Court, however, dismissed the complainant's testimony due to doubts about his financial capacity to lend the money.Issue 2: Presumption under Section 139 of the NI Act and Its RebuttalThe appellant argued that the cheque issued by the accused carried a presumption of discharge of liability under Section 139 of the NI Act. The accused admitted his signature on the cheque but claimed no liability, stating his ex-wife would handle the loan. The High Court emphasized that the accused failed to rebut the presumption, as his defenses were contradictory and did not raise a probable defense.Issue 3: Proper Examination of the Accused under Section 251 of the CrPCThe respondent argued that the Trial Court did not properly examine the accused under Section 251 of the CrPC, causing prejudice. The High Court acknowledged that the Trial Court did not narrate the substance of the accusation properly but concluded that the accused was not prejudiced as he stood trial and adduced evidence.Issue 4: Financial Capacity of the Complainant to Lend the MoneyThe Trial Court questioned the complainant's financial capacity to lend Rs. 8,60,000/-, leading to an adverse presumption. The High Court held that the financial capacity of the complainant should not be a ground to dismiss a proceeding under Section 138 of the NI Act when the cheque amount matched the loan amount.Issue 5: Legal Principles Regarding Acquittal under Section 138 of the NI ActThe High Court referred to various judgments, emphasizing that mere creation of doubt by the accused does not suffice to rebut the presumption under Section 139 of the NI Act. The Trial Court's approach was erroneous as it required the complainant to prove his case beyond reasonable doubt, which is not the standard in Section 138 cases.Conclusion:The High Court found that the Trial Court committed a grave mistake in acquitting the accused based on a misreading of evidence and misunderstanding of the law under Section 138 of the NI Act. The appeal was allowed, setting aside the acquittal. The accused was found guilty and ordered to pay a fine of Rs. 17,20,000/- within three months, failing which he would undergo imprisonment for two years. The fine amount would be given to the complainant as compensation.