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Rebuttable presumption of cheque issuance under negotiable instruments law was applied to infer existence of a legally recoverable debt after the cheque was presented twice and dishonoured for want of funds; complainant's demand and silence to legal notice undermined accused's defence that goods were undelivered, which the additional evidence did not establish, so conviction and sentence were sustained. Appellate discretion to admit additional evidence and to decide conviction under criminal procedure was not faulted. However, the High Court set aside the Rs.5,000 state cost imposed because the dispute was between private parties; revision allowed in part.
Rebuttable presumption of cheque issuance under negotiable instruments law was applied to infer existence of a legally recoverable debt after the cheque was presented twice and dishonoured for want of funds; complainant's demand and silence to legal notice undermined accused's defence that goods were undelivered, which the additional evidence did not establish, so conviction and sentence were sustained. Appellate discretion to admit additional evidence and to decide conviction under criminal procedure was not faulted. However, the High Court set aside the Rs.5,000 state cost imposed because the dispute was between private parties; revision allowed in part.
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