In Brief
The Supreme Court examined whether the High Court was justified in setting aside a cheque dishonor conviction under Section 138 of the Negotiable Instruments Act. The respondent admitted signing the cheque, triggering statutory presumptions under Sections 118(a) and 139 of the Act. The High Court set aside the conviction based on a story raised for the first time in revision petition—that the respondent was coerced into signing by the advocate's junior. The Supreme Court held that contentions unsupported by trial court evidence cannot rebut statutory presumptions. It restored the conviction but modified the sentence to enhanced fine (₹2.50 lakhs) without imprisonment, considering the non-commercial nature of the transaction and passage of over 26 years since the dispute arose.
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