Cheque dishonour presumptions remain unrebutted where the accused presents inconsistent, unsupported repayment and security-cheque defences.

A bona fide, substantiated explanation is required to condone delay in filing a revision petition; unsupported claims that prior counsel falsely assured a litigant of filing, without records, affidavit, complaint or follow-up particulars, do not establish sufficient cause. Illiteracy does not remove the duty of ordinary diligence. In cheque dishonour proceedings, admission of the cheque, signature, dishonour and correct notice address triggers presumptions of consideration and legally enforceable liability. The accused must raise a probable defence on a preponderance of probabilities. Materially inconsistent repayment and security-cheque claims, unsupported by bank evidence or steps to recover allegedly misused cheques, fail to rebut those presumptions.

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Issues: (i) Whether a delay of 603 days in filing the revision petition was supported by sufficient cause; (ii) Whether the concurrent conviction and sentence for cheque dishonour warranted revisional interference.

Issue (i): Whether a delay of 603 days in filing the revision petition was supported by sufficient cause.

Analysis: The explanation that the previous counsel falsely assured the petitioner that a revision had been filed was unsupported by fee receipts, an affidavit of that counsel, a complaint, or particulars of follow-up. The petitioner's sustained participation in the trial and appellate proceedings was inconsistent with the claimed prolonged reliance on unverified oral assurances. Illiteracy did not dispense with the requirement of ordinary diligence. A bona fide and acceptable explanation is necessary before delay can be condoned.

Conclusion: The delay was not supported by sufficient cause; condonation was declined, against the petitioner.

Issue (ii): Whether the concurrent conviction and sentence for cheque dishonour warranted revisional interference.

Analysis: Admission of the cheque, signature, dishonour and the correctness of the notice address activated the presumptions of consideration and discharge of debt or liability. The petitioner was required to establish a probable defence on a preponderance of probabilities. His account materially shifted regarding the lender, number of security cheques, repayment amount and manner of payment. The bank record did not establish repayment and indicated that the cheque book remained in his possession after the alleged delivery of security cheques. The absence of any demand for return of the cheques or complaint regarding their alleged misuse further undermined the defence. The concurrent findings were based on proper appreciation of evidence, and the sentence was proportionate.

Conclusion: The statutory presumptions remained unrebutted; the conviction and sentence required no interference, against the petitioner.

Final Conclusion: The challenge failed both on limitation and on the merits, leaving the conviction for cheque dishonour and the sentence intact.

Ratio Decidendi: Once execution of a dishonoured cheque is admitted and the statutory presumptions arise, a materially inconsistent and unsupported defence does not rebut them on a preponderance of probabilities; delay requires a bona fide and substantiated explanation.

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