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of <h1>Accused successfully rebutted Section 138 presumptions by proving cheque was security, materially altered without consent</h1> <h3>ABDUL RAHIMAN Versus NASSAR, STATE OF KERALA</h3> ABDUL RAHIMAN Versus NASSAR, STATE OF KERALA - TMI Issues involved: Appeal against acquittal u/s 138 of NI Act, rebutting statutory presumptions u/s 118 and 139 of NI Act.Summary:The appeal was filed against the judgment acquitting the accused of the offence u/s 138 of the NI Act. The complainant alleged that the accused issued a cheque that was dishonored, leading to the legal proceedings. Evidence was presented by both parties, including witnesses and exhibits. The trial court found that the accused successfully rebutted the statutory presumptions u/s 118 and 139 of the NI Act, leading to the acquittal.The appellant contended that the cheque was issued in discharge of a debt, supported by the agreement between the accused and the complainant's son-in-law. However, the respondent argued that the cheque was misused, and the payee's name was added without consent. The evidence presented by witnesses, including the son-in-law being abroad during the cheque's validity, supported the respondent's case.Citing legal precedents, the court emphasized the onus on the accused to raise a probable defense to rebut statutory presumptions. The standard of proof required is preponderance of probabilities, not beyond reasonable doubt. Considering the evidence and circumstances, the court found no reason to interfere with the trial court's decision that the accused successfully rebutted the presumptions, leading to the dismissal of the appeal.In conclusion, the appeal was dismissed, and any pending applications were closed accordingly.
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