Court : HIGH COURT BENGLURU
Brief : sec 138 - revision preseumption - 139
Citation : ILR 2009 KAR 172
eXISTENCE OF LEGLLY RECOVERABLE DEBT IS NOT A MATTER OF PRESU;MPTION U/S 139 OF THE ACT; S, SEC 139 MERELY RAISES A PRESUMPTION IN FAVOUR OF THE COMPLAINANT THAT THE CHEQUE WAS ISSUED FOR DISCHARGE OF ANY DEBT AND OTHER LIABILITY. bOTH THE COURTS EXAMINED THE CASE OF THE ACCUSED ON THE ASUMPTION THAT THE PRESUMPTION U/S 139 OF THE NI ACT EXTENDS NOT ONBLY TO THE ISSUING OF THE SID CHEQUE TOWARDS EXISTING LEGALLY RECOVERABLE DEBT, BUT ALSO TO THE EXISTENCE OF LEGALLY ENFORCABLE DEBT AS ON THE DATE OF ITS ISSUE. ON FACTS HELD, THE ACCUSED HAS SUCCESSFULLY ESTALISHED HIS DEFENCE VERSION BY ADDUCING HIS OWN EVIDE4NCE AND ALSO BY ELICITING IN THE ROSS-EAXMINSATION OF PW 1, AND ALSO BY PRODUC ING EX.D1, THE STATEMENT OF HIS ACCOUNTS WITH HIS BANKER. THEREFORE, IT IS QUITE CLEAR THAT AS ON THE DATE OF THE CHEQUE IN QUESTION, BEARING NO.---- WHICH CAME TO BE PRESENTED DURING THE YEAR 2004, THERE DID NOT EXIST ANTY LEGALLY ENFORCEABLE DEBT PAYABLE BY THE ACCUSED TO THE COMPLAINANT. HENCE, CONVICTION AND SENTENCE PASSED BY THE TRICAL COURT/AFFIRMED BY THE APPELLATE COURT IS NOT SUSTAINABLE IN LAW.
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