Cheque bounce case

Rightly dismissed.

Amount of Rs. 25 Lacs cannot be extended as friendly loan, if so there must be clear and legally admissible proof of the same. Presence of cheque and promissory not is not the conclusive proof of liability. Moreover in your case there certainly was some change in plea, which can be described as afterthought, and matter ends.

Though you had a good and strong case, the contradict statements projected by your side made the same as weak.

However, if the execution of the cheque is not denied, it could be presumed under Section 118 (a) and Section 139 of the Negotiable Instruments Act that the instrument was made or drawn for consideration.

No doubt, it is the duty of defence to prove that the cheque was not issued towards discharge of a lawful debt.

Therefore, you can go for appeal.

Simultaneously, subject to the law of limitation, you can go for civil suit also for the recovery of the said amount.

In "The Negotiable Instrument Act" there is no presumption with respect to the truthfulness of prosecution case, neither there is any presumption with respect to the amount. The presumption is very simple : That the cheque is issued for the purpose of clearing some liability.  Prosecution has to prove the facts behind this liability. If prosecution fails to establish its case or fails to provide evidence for existence of liability with respect to amount then accused cannot be convicted.

But I am having signed promissory note and the signature is admitted by the accused.  Is that instrument is enough to prove the legal liability. 

Please kindly guide me

But I am having signed promissory note and the signature is admitted by the accused.  Is that instrument is enough to prove the legal liability.