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The HC dismissed the complainant's application for leave to appeal against acquittal in a dishonored cheque case under Section 138 of the Negotiable Instruments Act. The accused successfully rebutted the statutory presumption under Section 139 by establishing that cheques were issued as security rather than for discharge of legal liability. The complainant's contradictory testimony regarding the year of cheque issuance (2017 versus 2020) shifted the burden to prove legal liability. The complainant failed to establish subsisting liability on the presentation date, as required when cheques are issued as security. The trial court's acquittal was upheld as reasonable, with the HC declining to interfere despite alternative interpretations being possible.
The HC dismissed the complainant's application for leave to appeal against acquittal in a dishonored cheque case under Section 138 of the Negotiable Instruments Act. The accused successfully rebutted the statutory presumption under Section 139 by establishing that cheques were issued as security rather than for discharge of legal liability. The complainant's contradictory testimony regarding the year of cheque issuance (2017 versus 2020) shifted the burden to prove legal liability. The complainant failed to establish subsisting liability on the presentation date, as required when cheques are issued as security. The trial court's acquittal was upheld as reasonable, with the HC declining to interfere despite alternative interpretations being possible.
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