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statutory presumptions arising are required to be rebutted b

Raj Kumar Makkad ,
  11 March 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Criminal - Offence of dishonour of cheque - Statutory presumptions available to Complainant - Rebuttal thereof by Accused - Section 138 and Section 139 of Negotiable Instruments Act, 1881 - Appellant-Complainant challenged order of Trial Court acquitting Respondent-Accused for offence of dishonour of cheque - Hence, present appeal - Whether order of Trial Court acquitting Respondent-Accused is valid?
Citation :
Mohammad Murtuza Mohammad Yusuf Vs.Gulam Nabi Abdul Rehman and State of Maharashtra through Police (Decided on 15.02.2010) MANU/MH/0102/2010
Held, in special prosecutions based upon dishonoured cheque, offence punishable under Section 138 of the Negotiable Instruments Act, the Complainant is aided by the statutory presumptions. The statutory presumptions arising are required to be rebutted by the Accused by adducing satisfactory evidence which is to be tested on preponderance of probabilities. Bare denial of the passing of the consideration and existence of debt, apparently would not serve the purpose of the Accused to seek dismissal of the Complaint. Something which is probable has to be brought on record for getting the burden of proof shifted back to the Complainant. In the present case, presumptions statutorily available to the Complainant were not rebutted by the Accused by adducing satisfactory evidence to the contrary. Therefore, acquittal order appears unreasonable, contrary to the record in the facts and circumstances of the case. Respondent/Accused guilty of offence punishable under Section 138 of the Negotiable Instruments Act.

 
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Published in Criminal Law
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