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The HC set aside the Sessions Court's acquittal and allowed the appeal, holding the accused guilty under Section 138 of the NI Act for dishonour of cheque due to insufficient funds. The complainant successfully established the presumption under Section 139 regarding execution and issuance of the cheque, supported by evidence and admission of the accused's signature. The defence's contention that the cheque was issued as security for a daily chitty transaction was unsubstantiated and insufficient to rebut the statutory presumption. Consequently, the accused failed to discharge the burden of proof by a preponderance of probabilities, and the statutory presumption stood unrebutted. The Sessions Court's dismissal of the complaint was thus erroneous, warranting interference and conviction of the accused for the offence under the NI Act.
The HC set aside the Sessions Court's acquittal and allowed the appeal, holding the accused guilty under Section 138 of the NI Act for dishonour of cheque due to insufficient funds. The complainant successfully established the presumption under Section 139 regarding execution and issuance of the cheque, supported by evidence and admission of the accused's signature. The defence's contention that the cheque was issued as security for a daily chitty transaction was unsubstantiated and insufficient to rebut the statutory presumption. Consequently, the accused failed to discharge the burden of proof by a preponderance of probabilities, and the statutory presumption stood unrebutted. The Sessions Court's dismissal of the complaint was thus erroneous, warranting interference and conviction of the accused for the offence under the NI Act.
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