The High Court confirmed the conviction of the revisionist u/s 138 of the Negotiable Instruments Act. The court held that the presumptions u/ss 118 and 139 are rebuttable, and the accused is not required to rebut them beyond reasonable doubt but only by a preponderance of probabilities. The revisionist's defense that the cheque was given as security by his employee for a loan was not accepted due to contradictory statements about the interest rate. The court sentenced the revisionist to the period of custody already undergone and upheld the fine and compensation order.
The High Court confirmed the conviction of the revisionist u/s 138 of the Negotiable Instruments Act. The court held that the presumptions u/ss 118 and 139 are rebuttable, and the accused is not required to rebut them beyond reasonable doubt but only by a preponderance of probabilities. The revisionist's defense that the cheque was given as security by his employee for a loan was not accepted due to contradictory statements about the interest rate. The court sentenced the revisionist to the period of custody already undergone and upheld the fine and compensation order.
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