In Brief
The appellant was convicted by the High Court of dishonoring a cheque under Section 138 of the Negotiable Instruments Act after the trial court acquitted him. The Supreme Court held that while a statutory presumption arises when a cheque is drawn and admitted, the accused can rebut it by raising a probable defence meeting the preponderance of probabilities standard. Here, the appellant's defence—that documents were obtained by force on an alleged date—had already been adjudicated and rejected in separate criminal proceedings. The Court found that the respondent discharged the initial burden by proving a prior financial relationship and the cheque's authenticity. The appellant's bare denial could not rebut the presumption. The High Court's conviction was upheld and the appeal was dismissed.
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