Cheque as well as signature on it not disputed by accused respondent - Presumption under S. 139 would be attracted - Story brought out by accused that cheque was given to complainant long back in 1999 as a security to a loan - rejected - punishment upheld

Citation

2015 CRI. L. J. 2853

SUPREME COURT

(From : Karnataka)

J. CHELAMESWAR , J. and PINAKI CHANDRA GHOSE , J.

Criminal Appeal No. 728 of 2015 (arising out of SLP (Cri.) No. 8091 of 2011), D/- 28 - 4 - 2015

T. Vasanthakumar v. Vijayakumari

Negotiable Instruments Act (26 of 1881), S.138, S.139 - Dishonour of cheque - Appeal against

acquittal - Cheque as well as signature on it not disputed by accused respondent - Presumption

under S. 139 would be attracted - Story brought out by accused that cheque was given to

complainant long back in 1999 as a security to a loan; the loan was repaid but complainant

did not return security cheque - Is unworthy of credit, apart from being unsupported by any

evidence - Mere printed date on cheque by itself cannot be conclusive of fact that cheque was

issued in 1999 - Order of High Court in acquitting accused is erroneous and set aside. Civil Rev.

Petition No. 263 of 2011, D/- 22-7-2011 (Kar), Reversed.

 (Paras 10 , 11 , 12 , 13)