Cheque bounce case -- Acquittal of accused -- Rebuttal of presumption – 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

Acquittal of accused -- No particulars have been given as to on which date, month or year the money was given on which this liability arose -- No security document was taken -- There was no document to show this transaction – Accused had not denied issuance of cheque, but has set up a defence that the cheque was issued to someone else as security -- Presumption has been rebutted by the accused – No ground to grant leave to file appeal.

(P&H HC) Decided on: 24.03.2017

Cheque bounce case -- Acquittal of accused -- No date has been mentioned as to when the loan was given to the accused -- There is no document on record to show these loan transactions -- There is nothing in the complaints as to when the loan was demanded back by the complainants from the accused -- There are no particulars of liability of any type in the complaints – On the other hand, the accused has raised probable defence – No ground is made out for grant of leave to appeal.

(P&H HC) Decided on: 20.03.2017

Cheque bounce case -- Acquittal of accused -- Friendly loan amounting to Rs.11,30,000/- to the accused – However, there is no evidence that the complainant had the capacity to advance Rs.11,30,000/- or that amount allegedly given on loan to the respondent is shown in the Income Tax Return – Respondent-accused stated that the appellant had misused the cheque which he gave to his (appellant) brother, this fact is duly proved by the statement of independent witness -- Except self serving statement of the appellant there is no material evidence on record to prove the factum of advancement of loan – Ld. Trial Court acquitted the respondent -- Even if a second view on appreciation of evidence is possible, the Court will not interfere in the acquittal of the accused -- In the cases of acquittal, there is double presumption in his favour; first the presumption of innocence, and secondly the accused having secured an acquittal, the Court will not interfere until it is shown conclusively that the inference of guilt is irresistible.

(P&H HC) Decided on: 03.03.2017

Cheque bounce case -- Acquittal of accused -- Appellant secured loan amount of Rs.2,00,000/- from one person and handed over to the accused -- However, there is no evidence that said person had the capacity to advance Rs.2,00,000/- or that amount allegedly given on loan to the appellant is shown in the Income Tax Return or in any other record maintained by said person -- Appellant has not even examined that person -- In his cross-examination, the appellant had stated that he had given the loan amount to the respondent on interest -- However, the appellant does not hold any licence for money lending -- No document was accepted by the appellant regarding advancing of loan or that respondent has furnished any security for repayment of amounting to Rs.2,00,000/- appears to be highly improbable – Acquittal order upheld.

(P&H HC) Decided on: 01.03.2017

Cheque bounce case -- Acquittal of accused -- Loan/Cheque of Rs.18 lacs – Complainant himself was under debt -- Accused has placed on record account statement of the complainant, which shows that the complainant was not having that much sufficient amount in his account to advance it to the accused – Cheque belongs to the cheque book issued in the year 2007 whereas, another cheque book was issued to the accused on 06.03.2010 and the Court held that why the accused would issue cheque in the year 2011 from the old cheque book -- There is difference of handwriting in the body of the cheque and signatures -- Keeping in view the above evidence, Ld. trial Court held defence by the accused is probable – Accused acquitted.

(P&H HC) Decided on: 21.02.2017

Cheque bounce case -- Acquittal of accused -- No agreement to sell for harvesting combine -- No document regarding ownership of the harvesting combine -- Nothing on the record regarding the payment of Rs.10 lacs by the complainant to the accused – Accused has also appeared as defence witness and stated that she had litigation with “AS” and after received full and final payment he withdrew the complaint and complainant misused the cheque by taking the same from “AS” – In cross-examination, the accused admitted that he has taken cheque from “AS” – Presumption u/s 139 of the Act has been duly rebutted -- Nothing to show the capacity of the complainant to pay such a huge amount -- Amount in question has not been shown in the income tax return nor bank record has been produced to show from where this amount has been withdrawn – Finding of Trial Court acquitting the accused upheld.

(P&H HC) Decided on: 17.03.2016

Cheque bounce case -- Acquittal of accused -- No particulars were given as to when and how much amount has been given, no dates, months and years have been mentioned in the complaint -- When the complainant came into witness box, he took totally different stand by stating that the amount has been given to the accused by way of cheque of Rs.3 lacs – In statement of accounts no such entry regarding the withdrawal of sum of Rs.3 lacs by way of cheque has been specifically pointed out by the complainant -- Complainant also failed to prove source of such a huge amount -- Statement of complainant is contradictory to the version given in the complaint -- Complainant is working as commission agent, he has not produced on record his account books to show entry regarding advancement of loan to the accused -- Rather, in cross-examination, he has stated that he has not reflected the said amount in books of account -- Presumption under Section 139 of the Negotiable Instruments Act has been duly rebutted by the accused – Trial Court acquitted the accused -- No ground is made out to grant permission for leave to appeal.

(P&H HC) Decided on: 03.11.2015

Cheque bounce case -- Acquittal of accused -- When the loan was given, it was not shown in the income tax return nor in any other document -- Furthermore, the complainant was not even having the mobile number or any other number of the accused to show that he has friendly relations with the accused and it creates doubt -- Moreover, no security document has been taken at the time of lending the loan -- No source of huge amount of Rs.3,50,000/- has been disclosed by the complainant -- It looks doubtful that complainant will lend such an huge amount of Rs.3,50,000/- without getting executed any document -- No document is there regarding advancement of any other earlier loan -- Presumption u/s 139 of the N.I. Act has been rebutted.

(P&H HC) Decided on: 03.11.2015

Cheque bounce case -- Acquittal of accused -- Accused demanded friendly loan of Rs.1,50,000/- -- Complainant stated that at the relevant time he was not having Rs.1,50,000/- and was having only Rs.1,35,000/-, rather has got Rs.1,35,000/- from his Mamaji by mortgaging the gold -- Petitioner-complainant could not tell the name of his Mamaji, from whom he has borrowed the money -- It shows that the story formulated by the petitioner is pulpably false -- Moreover, the petitioner has admitted the fact that the cheques issued by the accused were returned to him after receiving the payment from him – Acquittal order upheld.

(P&H HC) Decided on: 31.08.2015