The legal presumption in favor of the holder of the cheque under Section 139 of the Negotiable Instruments Act 1881 and the requirement for the accused to rebut this presumption.

P.S. Rana, J.

Present criminal revision is filed under Section 397 of the Code of Criminal Procedure against the judgment and sentence passed by learned Addl. Sessions Judge Sirmour District at Nahan dated 22.2.2014 announced in Cr. Appeal No.32-N/10 of 2012 titled Balbir Singh Vs. Devinder Singh.

BRIEF FACTS OF THE CASE :

2. Sh. Devinder Singh complainant filed complaint under Section 138 of Negotiable Instruments Act 1881 pleaded therein that complainant is the proprietor of Gurunanak Service Station Badripur Paonta Sahib District Sirmour HP who deals in service of vehicle, repair and maintenance of trucks. It is further pleaded that accused was owner truck No HP-17-4105 used to come to service station of complainant for service, repair and maintenance of truck since 2004. It is further pleaded that complainant and accused had friendly relations. It is further pleaded that in the year 2005 accused borrowed a sum of Rs.116000/- (One lac sixteen thousand) from the complainant for the payment of loan against his truck which was refunded within normal period. It is further pleaded that again on dated 16.5.2009 accused had approached the complainant for borrowing a sum of Rs. 120000/- (One lac twenty thousand) for the purchase of new truck and promised to refund the amount within six months. It is further pleaded that complainant had given an amount of Rs. 120000/- (One lac twenty thousand) to accused. It is further pleaded that in lieu of payment of amount accused issued cheque No.220638 dated 30.1.2010. It is further pleaded that complainant presented aforesaid cheque before State Bank of Patiala for crediting the amount in saving bank account of complainant. It is further pleaded that cheque was sent to the bank of accused for collection but bank of the accused returned the cheque with the remarks insufficient funds. It is further pleaded that when accused had issued cheque in dispute at that time there were insufficient funds in the bank account of accused. It is further pleaded that thereafter complainant issued legal notice through his Advocate to the accused demanding the amount due. It is further pleaded that despite demand notice accused did not pay the cheque amount. Prayer for punishment of accused under Section 138 of Negotiable Instrument Act sought.

3. Learned trial Court issued notice of accusation to accused. Complainant examined following witnesses in support of his case.

4. Complainant produced following piece of documentary evidence in support of his case:-

5. Learned trial Court convicted the accused under Section 138 of the Negotiable Instruments Act to simple imprisonment for six months. Learned trial Court further directed the accused to pay compensation in the sum of Rs.120000/- (One lac twenty thousand) within 30 days.

6. Feeling aggrieved against the judgment and sentence passed by learned trial Court accused filed Criminal Appeal No. 32-N/10 of 2012 titled Balbir Singh Vs. Devinder Singh and another before learned Additional Sessions Judge Sirmour District at Nahan. Learned appellant Court dismissed the appeal filed by accused and affirmed the judgment and sentence passed by learned trial Court.

7. Feeling aggrieved against the judgment passed by learned Additional Sessions Judge Sirmour District at Nahan Balbir Singh r