Cheque bounce case -- Loan of Rs.8 lacs – In the complaint, it has been simply stated that the loan of Rs.8 lakhs was advanced to the accused in the month of March 2015 -- No specific date has been mentioned -- No other particulars have been given -- No security document had been obtained from the accused -- Complainant had also not taken any receipt of the loan -- There is no document on record to show the loan transaction -- There is no date as to when the loan was demanded back -- In the cross-examination, the complainant stated that he does not know accused and his family personally he knows them through brother-in-law of the accused -- Complainant admits that a sale deed was executed in his favour by the mother of the accused and further three cases were withdrawn by him -- All this evidence supports the defence version raised by the accused -- Presumption under Section 139 of the NI Act has been rebutted by the accused by raising probable defence -- Leave to file appeal dismissed.

(P&H HC) Decided on: 02.11.2018

Cheque bounce case -- Document expert -- Cheque has not been issued by the accused nor it was from his account -- Document Expert, has been examined to show that cheque- Ex.C2 was not signed by the accused -- No expert, in rebuttal, has been examined by the complainant --- Therefore, case of the complainant qua the cheque-Ex.C2 is doubtful -- Otherwise also, as this cheque was not from the account of the drawer, therefore, one of the necessary ingredient also goes -- Accused-respondent has been rightly acquitted.

(P&H HC) Decided on: 25.09.2018

Cheque bounce case -- Cheque amount more than liability – All the documents of the complainant pertain to alleged transactions of the accused, remaining amount of receipts comes to Rs.1,73,179/- only, which is less than the cheque amount -- Complainant has given legal notice to pay an amount of Rs.2,36,290/- qua which there was no liability outstanding against the accused – Trial Court held presumption has been duly rebutted, the cheque amount was not due and legal notice is of more amount than actually payable -- Accused-respondent has been rightly acquitted.

(P&H HC) Decided on: 19.09.2018

Cheque bounce case -- Capacity to pay – Presumption u/s 139 of the Negotiable Instruments Act can be rebutted even from the case of the complainant -- Complainant was a student till 2005 -- Nothing has been shown from where he was earning and advanced such an huge amount of Rs.2,80,000/- -- Capacity to lend such an huge amount has also not been shown by leading cogent evidence -- Complainant stated in his evidence that he borrowed some amount from his relative but none of the relative has been examined to prove this fact -- Court below found that presumption u/s 139 has been rebutted -- Held, in no way, the judgment can be held as perverse or against the evidence – No ground made out for grant leave to appeal.

(P&H HC) Decided on: 27.03.2017

Cheque bounce case -- Acquittal of accused -- Leave to appeal -- In the reply to legal notice, the accused has specifically mentioned that he had borrowed an amount of Rs.10,000/- from complainant and not Rs.4 lacs and the cheque was handed over to the complainant as security cheque – Nothing in the complaint or in the evidence as to on which date and in which month and year, what amount was given to the accused as loan -- It was necessary, specifically, when the accused is alleging that he has taken loan of Rs.10,000/- only -- One pen has been used for signing the cheque, other pen has been used for putting the date on the cheque and third pen has been used for filling the amount in words as well as in figure -- No cogent evidence on the record to show as to why a huge amount of Rs.4 lacs was given without getting any receipt or getting executed any security document i.e. pronote etc. from the accused -- Nothing on the record to show that from where Rs.4 lacs was withdrawn and paid to the accused – Presumption u/s 139 stand rebutted – Order of acquittal passed by the Ld. Trial Court upheld.

(P&H HC) Decided on: 30.03.2016