Ludhiana ASJ upholds 1-yr sentence in ₹4.2 lakh cheque bounce; appeal dismissed
Accused admitted his signature on the cheque; the presumption under S. 139 was not rebutted by a bare denial of the debt.
Published Updated · 1 correction
00Background
The trial court convicted the appellant for dishonour of a ₹4.2 lakh cheque given, according to the complainant, to repay a friendly loan. He was sentenced to one year and directed to pay compensation.
01Submissions
For the appellant-accused
The cheque was a blank security cheque given in an unrelated transaction. The complainant did not show the capacity to advance ₹4.2 lakh in cash.
For the respondent-complainant
Signature is admitted. The appellant led no evidence and did not reply to the statutory notice.
02Observations
The Court held that once the signature was admitted, the presumption under S. 139 arose, and the appellant had to raise a probable defence. Not replying to the notice and leading no evidence did not do that.
“A suggestion put in cross-examination is not evidence. The appellant has not shown that the debt was improbable; he has only said that it was.”
Order, ¶ 18 · open at p. 11
03Findings & directions
- Conviction and sentence of one year affirmed; appeal dismissed.
- Amount deposited under S. 148 NI Act to be released to the complainant.
- Appellant to surrender before the trial court within 30 days.
Corrections
- Correction ·
The cheque amount was earlier given as ₹4.02 lakh. The order records ₹4.2 lakh; the headline and details now say so.
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