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The HC dismissed an application seeking leave to appeal against acquittal under Section 138 of the Negotiable Instruments Act, 1881. The accused had issued three cheques totaling Rs. 7,50,000/- which were dishonored for insufficient funds. The complainant alleged the accused borrowed Rs. 15,00,000/- but failed to prove the debt's existence or his financial capacity to advance such amount. During cross-examination, the accused successfully rebutted the statutory presumption under Section 139, establishing that cheques were forcibly obtained and producing evidence of criminal complaints filed against the complainant for threats and harassment, including a suicide attempt. The Trial Court correctly concluded the complainant failed to prove the legally enforceable debt beyond reasonable doubt, warranting acquittal.
The HC dismissed an application seeking leave to appeal against acquittal under Section 138 of the Negotiable Instruments Act, 1881. The accused had issued three cheques totaling Rs. 7,50,000/- which were dishonored for insufficient funds. The complainant alleged the accused borrowed Rs. 15,00,000/- but failed to prove the debt's existence or his financial capacity to advance such amount. During cross-examination, the accused successfully rebutted the statutory presumption under Section 139, establishing that cheques were forcibly obtained and producing evidence of criminal complaints filed against the complainant for threats and harassment, including a suicide attempt. The Trial Court correctly concluded the complainant failed to prove the legally enforceable debt beyond reasonable doubt, warranting acquittal.
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