Cheque dishonour presumptions: admitted signature shifts the evidentiary burden, while unsupported blank-cheque claims and routine revision challenges fail.
Admission of a cheque's signature and issuance activates presumptions of consideration and legally enforceable debt. A blank-cheque defence must be supported by material capable of establishing a probable defence; missing transaction records alone do not displace those presumptions. Revisional jurisdiction does not permit reappreciation of concurrent findings without perversity, jurisdictional error, or manifest injustice. Actual receipt of a statutory demand notice, evidenced by signed acknowledgement, establishes service without resort to deemed-service rules. Cheque-dishonour sentencing may combine deterrent imprisonment with compensatory and restitutive monetary relief, assessed for proportionality.
Issues: (i) Whether concurrent findings of liability under Section 138 of the Negotiable Instruments Act could be disturbed in revision on the plea of a blank signed cheque, absence of transaction records, and lack of proof that the complainant owned the business; (ii) Whether the statutory demand notice was duly served; and (iii) Whether the sentence of three months' simple imprisonment and fine of Rs. 1,75,000, including compensation, warranted interference.
Issue (i): Whether concurrent findings of liability under Section 138 of the Negotiable Instruments Act could be disturbed in revision on the plea of a blank signed cheque, absence of transaction records, and lack of proof that the complainant owned the business.
Analysis: Revisional Jurisdiction is supervisory and does not permit reappreciation of evidence or displacement of Concurrent Findings absent perversity, jurisdictional error, or manifest miscarriage of justice. Admission of signature and issuance of the cheque activated the Presumption of Consideration and the Presumption of Legally Enforceable Debt under Sections 118(a) and 139. The Rebuttable Presumption required a Probable Defence supported by material. The inconsistent account of the tyre price and balance payable, absence of proof of part-payment, and admitted connection between the complainant and the business did not displace those presumptions. The absence of transaction records did not by itself require the holder to prove the underlying consideration.
Conclusion: The concurrent finding of liability was not liable to revisional interference.
Issue (ii): Whether the statutory demand notice was duly served.
Analysis: Service of Statutory Notice was established by the acknowledgement bearing the accused's signature. The contention concerning a delayed presumption of service was inapplicable because actual service, rather than deemed service, was proved. Non-payment after receipt of the demand notice completed the relevant statutory requirement.
Conclusion: The statutory demand notice was validly served.
Issue (iii): Whether the sentence of three months' simple imprisonment and fine of Rs. 1,75,000, including compensation, warranted interference.
Analysis: The penal provision for cheque dishonour serves a deterrent purpose, while compensation is compensatory and restitutive. Considering the cheque amount, the prolonged delay before sentencing, loss of interest, and litigation expense, the imprisonment and monetary relief were regarded as adequate rather than excessive.
Conclusion: The sentence and compensation required no modification.
Final Conclusion: No perversity, jurisdictional error, or disproportionality was established in the concurrent determinations.
Ratio Decidendi: Admission of the signature and issuance of a cheque activates the statutory presumptions of consideration and legally enforceable liability; an unsupported blank-cheque defence does not rebut them, and concurrent findings are not revisable absent perversity or jurisdictional error.