Negotiable Instruments Act, 1881 – s.138 – Dishonour of cheque…

👆📌Negotiable Instruments Act, 1881 – s.138 – Dishonour of cheque – Trial acquitted accused-appellant – Reversal of acquittal by High Court – Justification – Held: Not justified In order to draw presumption u/s. 118 rlw s. 139, the burden was heavily upon the respondent complainant to have shown that he had the required funds for having advanced money to the appellant; that issuance of cheque in support of the payment advanced was true and that the appellant was bound to make the payment as had been agreed while issuing the cheque in favour of the respondent – Respondent, however, was not even aware of the date when substantial amount of Rs.1,50,0001- was advanced by him to the appellant; he was not sure as to who wrote the cheque; he was not even aware when exactly and where exactly the transaction took place for which the cheque came to be issued by the appellant Moreover, the respondent took diametrically opposite stands – Various defects in the evidence of respondent, as noted by the trial Court were simply brushed aside by the High Court without assigning any valid reason – Serious lacuna in the evidence of respondent which strikes at the root of the complaint uls.138 – This factor not examined by the High Court while reversing the judgment of trial Court – Conviction of appellant accordingly set asid