BIR SINGH versus MUKESH KUMAR

BIR SINGH versus MUKESH KUMAR

The presumption under Section 139 of the Negotiable Instruments Act operates in favour of the complainant, and the accused bears the burden to rebut it. In absence of evidence supporting the accused's contention, conviction under Section 138 stands. Revisional court cannot upset concurrent findings unless perverse. Presenting a voluntarily signed blank cheque for payment does not invalidate it, and presumption applies.

Parties
Appellant Complainant: Bir Singh; Respondent Accused: Mukesh Kumar
Jurisdiction
India
Judgment Date
06 February 2019
Procedural Posture
Criminal Appeal / Appeal Against High Court Order in Revision; Supreme Court Decision
Outcome
Appeals allowed; conviction affirmed; High Court order set aside
Legal Topics
Negotiable Instruments, Dishonour of Cheque, Presumption of Law, Burden of Proof, Compensation, Revisional Jurisdiction
Criminal Law Banking Law Negotiable Instruments Dishonour of Cheque Presumption of Law Burden of Proof Compensation Revisional Jurisdiction

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Parties

Bir Singh

Appellant Complainant

Mukesh Kumar

Respondent Accused

Procedural Posture

Criminal Appeal / Appeal Against High Court Order in Revision; Supreme Court Decision

Legal Issues

  1. 1 Whether the accused rebutted the presumption under Section 139 of the Negotiable Instruments Act
  2. 2 Whether the High Court, in revision, could set aside concurrent factual findings of conviction under Section 138
  3. 3 Scope of presumption in favour of holder under Section 139

Ratio Decidendi

The presumption under Section 139 of the Negotiable Instruments Act operates in favour of the complainant, and the accused bears the burden to rebut it. In absence of evidence supporting the accused's contention, conviction under Section 138 stands. Revisional court cannot upset concurrent findings unless perverse. Presenting a voluntarily signed blank cheque for payment does not invalidate it, and presumption applies.

Court Disposition

Appeals allowed; conviction affirmed; High Court order set aside

Orders

  • Conviction of respondent under Section 138 confirmed
  • Fine enhanced to Rs.16 lakhs to be paid as compensation to appellant