In Brief
The appellant was convicted of issuing seven cheques of Rs 3 lakh each that were dishonoured, violating Section 138 of the Negotiable Instruments Act. The trial court acquitted him based on alleged inconsistencies in the complainant's account. The High Court reversed the acquittal, finding the complainant had proved a legally enforceable debt through oral evidence, documentary proof, and a written acknowledgment signed by the appellant. The Supreme Court upheld the conviction, holding that once the statutory presumptions under Sections 118 and 139 are drawn, the accused must establish a probable defence on preponderance of probabilities—mere denial is insufficient. The Court partially allowed the appeal by modifying the sentence, removing imprisonment while retaining the fine imposed.
The lawyer headnote and full judgment text are available to registered users.