Section 137 – Negotiable Instruments Act, 1881 (26 of 1881) , Section 138 -- Cheque bounce case -- Closing of cross-examination -- Trial Court closed the cross examination of CW-1 without taking note of the absence of the lawyer for the petitioners – Stated that non-appearance was due to demise of father of petitioners' counsel and this fact was also brought to the notice of the concerned Court -- Order set aside and parties permitted to appear before the trial Court subject to the condition that the petitioners shall not seek any further adjournment.

(P&H HC) Decided on: 10.11.2022

Section 106 -- Indian Penal Code, 1860 (45 of 1860), Section 147, 364, 302, 120-B, 149, 201, 396 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 313 -- Circumstantial evidence -- Last seen together – Failure of the accused, in a case based on circumstantial evidence which included “last seen together theory”, to explain u/s 313 Cr.PC as to under what circumstances the victim suffered death, would also not be a ground to arrive at an irresistible conclusion that the accused were involved in the commission of the alleged crime.

(SC) Decided on: 03.11.2022

Sections 136, 137 – Code of Criminal Procedure, 1973 (2 of 1974), Sections 231, 242 -- Criminal trial -- Witnesses – Reliance upon their testimony – Nature of – Corroboration in material particulars -- Requirement of -- Witnesses are of three types, viz., (a) wholly reliable; (b) wholly unreliable; and (c) neither wholly reliable nor wholly unreliable -- When the witness is “wholly reliable”, the Court should not have any difficulty inasmuch as conviction or acquittal could be based on the testimony of such single witness -- Equally, if the Court finds that the witness is “wholly unreliable”, there would be no difficulty inasmuch as neither conviction nor acquittal can be based on the testimony of such witness -- It is only in the third category of witnesses that the Court has to be circumspect and has to look for corroboration in material particulars by reliable testimony, direct or circumstantial.

(SC) Decided on: 03.06.2022

Sections 136, 137 – Code of Criminal Procedure, 1973 (2 of 1974), Sections 233, 243 -- Criminal trial – Defence witnesses – Value of -- It is a settled law that same treatment is required to be given to the defence witness(es) as is to be given to the prosecution witness(es).

(SC) Decided on: 03.06.2022

Section 118(a) -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 313 -- Cheque bounce case – Acquittal by trial court – Conviction by High Court -- Appellant has only recorded her statement u/s 313 of the Code, and has not adduced any evidence to rebut the presumption that the cheques were issued for consideration -- Once the facts came on record remained unrebutted and supported with the evidence on record with no substantive evidence of defence of the appellant to explain the incriminating circumstances appearing in the complaint against her – Appellant has been rightly convicted.

(SC) Decided on: 09.03.2021

Section 118(a) -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 313 -- Cheque bounce case – After cheques being bounced, two separate legal notices were served, even after receiving the said notices, the appellant neither responded to the notices nor made any payment within the statutory period of fifteen days – When the complainant exhibited all documents in support of his complaints and recorded the statement of three witnesses in support thereof, the appellant has recorded her statement u/s 313 of the Code, but failed to record evidence to disprove or rebut the presumption in support of her defence -- Statement of the accused recorded u/s 313 of the Code is not a substantive evidence of defence, but only an opportunity to the accused to explain the incriminating circumstances appearing in the prosecution case of the accused -- No evidence to rebut the presumption -- Held, High Court, has not committed any error in recording the finding of guilt of the appellant and convicting her for an offence being committed u/s 138 of the Act, which needs no further interference -- Appeals being without any substance, dismissed.

(SC) Decided on: 09.03.2021

Sections 45, 72, 118(a) -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheque bounce case – Quashing of complaint -- Presumption of legal enforceability debt – Rebuttal of -- ‘Y’ admitted the issuance of cheques -- Once the issuance of cheque is admitted/established, the presumption would arise u/s 139 of the N.I. Act in favour of the holder of cheque that is the complainant-appellant No.3 -- Burden lies upon the accused to rebut the presumption by adducing evidence -- High Court did not keep in view that until the accused discharges his burden, the presumption u/s 139 of N.I. Act will continue to remain -- When disputed questions of facts are involved which need to be adjudicated after the parties adduce evidence, the complaint u/s 138 of the N.I. Act ought not to have been quashed by the High Court by taking recourse to Section 482 Cr.P.C.

(SC) Decided on: 10.02.2020

Sections 45, 72, 118(a) -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheque bounce case – Quashing of complaint -- Presumption of legal enforceability debt – Rebuttal of -- ‘Y’ admitted the issuance of cheques -- Once the issuance of cheque is admitted/established, the presumption would arise u/s 139 of the N.I. Act in favour of the holder of cheque that is the complainant-appellant No.3 -- Burden lies upon the accused to rebut the presumption by adducing evidence -- High Court did not keep in view that until the accused discharges his burden, the presumption u/s 139 of N.I. Act will continue to remain -- When disputed questions of facts are involved which need to be adjudicated after the parties adduce evidence, the complaint u/s 138 of the N.I. Act ought not to have been quashed by the High Court by taking recourse to Section 482 Cr.P.C

(SC) Decided on: 10.02.2020

Section 3 -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 145 -- Complaint in cheque bounce case – Evidence of accused by way of affidavit – Permissibility of -- Accused, who is facing trial in complaint under the provisions of Negotiable Instruments Act, is not competent to tender his evidence through affidavit.

(P&H HC) Decided on: 05.11.2019