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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
Aneesha W/o Bahuleyan – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. Whether the presumption under section 139 of the Negotiable Instruments Act is available in a prosecution based on a “cash cheque” is the question to be decided in this case. The Revision Petitioner is the accused in S.T. No.187/2019 on the file of the Judicial Magistrate of First Class-IV, Kollam. The above case was filed by the 2nd respondent herein alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act'). (Hereinafter, the petitioner and the 2nd respondent are mentioned as the accused and the complainant, respectively.)
2. The case of the complainant in brief, as per the complaint, is as follows:-
The complainant is a building contractor. The accused and the complainant are known to each other. The accused entrusted the complainant to construct a house for her for an amount of Rs.24,00,000/-, including the labour and material charges, etc. Thus, the complainant started construction and accused paid Rs.5,00,000/- as an advance. Out of Rs.5,00,000/- an amount of Rs.2,50,000/- was transferred to the account of the complainant on 03/05/2017, and Rs.2,50,000/- to the accounts of persons supplying the materials for the construc
The presumption under Section 139 of the NI Act does not apply to cash cheques; thus, the complainant must substantiate the prosecution with evidence.
A cash cheque does not attract the presumption under Section 139 of the NI Act, necessitating the complainant to prove all elements of the offence without reliance on presumptions.
Dishonour of cheque – Accused had to prove by cogent evidence that there was no debt or liability.
The presumption of consideration under Sections 118 and 139 of the Negotiable Instruments Act applies once a cheque's issuance is admitted, shifting the burden to the accused to rebut this presumptio....
The complainant must establish the existence of a legally enforceable debt to sustain a conviction under Section 138 of the Negotiable Instruments Act.
The court reaffirmed that the burden of proof lies on the accused to disprove the presumption of liability under Section 139 of the Negotiable Instruments Act.
The complainant must establish the existence of a legally enforceable debt for a conviction under Section 138 of the Negotiable Instruments Act; failure to do so results in acquittal.
The court held that under Section 139 of the Negotiable Instruments Act, the accused bears the burden to rebut the presumption that a cheque was issued for a valid debt, which he failed to do.
Presumption under Section 139 of the Negotiable Instruments Act requires the accused to present credible evidence to rebut the holder's claim of legal liability regarding the cheque issued.
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