In Brief
A businesswoman was convicted under Section 138 of the Negotiable Instruments Act for dishonoring two cheques issued to purchase non-woven fabric. The trial court had acquitted her, finding insufficient proof of delivery, but the High Court reversed this, relying on invoices and delivery records. The Supreme Court upheld the conviction, holding that once the complainant proves issuance of cheques for legally enforceable liabilities, the accused must rebut the presumption under Section 139 with substantive evidence, not mere denials. The appellant's silence throughout and failure to lead rebuttal evidence, despite receiving legal notices, meant she did not discharge her burden of proof on the balance of probabilities. The appeal was dismissed.
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