SUPREME COURT OF INDIA
Criminal Appeal No. 3257 of 2024 @ SLP (Crl.) No. 13179 of 2023
Sri Dattatraya…………Appellant
Vs.
Sharanappa…………Respondent
B.V. Nagarathna & Augustine George Masih, JJ.
Decided on : 07/08/2024
Negotiable Instruments Act, 1881
Sections 138, 139, 118, 140—Dishonour of cheque—Insufficiency of funds—Appellant filed a complaint under Section 138 of NI Act after a Cheque issued by Respondent for INR 2,00,000 was dishonoured due to insufficient funds—Despite sending a demand notice, Respondent failed to repay loan.
(Paras 5, 10, 22)
Section 139—Presumption of liability and rebuttal—Presumption under Section 139 of NI Act is rebuttable—Respondent may rebut this presumption based on preponderance of probabilities, either through circumstantial evidence or relying on complainant’s own submissions—Court affirmed findings of Trial Court and High Court, which both found that Appellant failed to establish existence of a legally recoverable debt—Respondent successfully rebutted statutory presumption—Court discussed principles for non-interference in concurrent findings of acquittal unless findings are perverse or lack evidentiary backing—Respondent’s acquittal were upheld, and no compelling reason to interfere was found.
Decision : Appeal dismissed
