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HC reversed trial court's acquittal in dishonoured cheque case under Section 138 Negotiable Instruments Act. Trial court erroneously found no legally enforceable debt existed and demand notice was improperly served. HC held trial court's doubts about complainant's account book authenticity insufficient to rebut statutory presumption, noting accused's failure to adequately challenge presumptions during cross-examination. Regarding service, complainant proved delivery through acknowledgment card signed by accused's wife at correct address, which accused never disputed. HC found trial court's findings perverse and legally unsustainable. Accused convicted under Section 138, sentenced to Rs. 4,50,000 fine within 60 days, defaulting to six months simple imprisonment. Appeal allowed.
HC reversed trial court's acquittal in dishonoured cheque case under Section 138 Negotiable Instruments Act. Trial court erroneously found no legally enforceable debt existed and demand notice was improperly served. HC held trial court's doubts about complainant's account book authenticity insufficient to rebut statutory presumption, noting accused's failure to adequately challenge presumptions during cross-examination. Regarding service, complainant proved delivery through acknowledgment card signed by accused's wife at correct address, which accused never disputed. HC found trial court's findings perverse and legally unsustainable. Accused convicted under Section 138, sentenced to Rs. 4,50,000 fine within 60 days, defaulting to six months simple imprisonment. Appeal allowed.
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