In Brief
In this cheque dishonour case under the Negotiable Instruments Act, the Supreme Court reversed the acquittal of an accused by two lower courts. The complainant lent money to the accused, who later issued a cheque that bounced due to insufficient funds. The trial court and High Court acquitted the accused, finding insufficient evidence of the underlying debt. The Supreme Court held that once the complainant proves cheque issuance, the statutory presumption under Section 139 shifts the evidential burden to the accused to prove no debt existed. The accused must meet a preponderance of probabilities standard, not beyond reasonable doubt. The accused's contradictory defences failed this test. The Court convicted the accused and imposed a fine of Rs 13,90,408 or one year imprisonment.
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