Cheque issued from account of firm in order to refund earnest money to complainant - Statutory presumption not satisfactorily rebutted- Conviction of accused, proper

Citation

AIR 2019 SUPREME COURT 5520

SUPREME COURT

(From : Bombay)

MRS . R. BANUMATHI , J. and HRISHIKESH ROY , J.

Criminal Appeal No.(s). 1598 of 2019, (Arising out of SLP (Crl.) No. 10408 of 2018), D/- 21 - 10 - 2019

Rahul Sudhakar Anantwar v. Shivkumar Kanhiyalal Shrivasta

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

Validity - Cheque of Rs. 2,50, 000/- issued from account of firm in order to refund earnest money

to complainant - Accused not disputed his signature on said cheque presented for clearance -

Plea of accused that cheque issued in name of firm was removed from his office table is neither

convincing nor supported by any evidence - Statutory presumption not satisfactorily rebutted

- Conviction of accused, proper - However, amount of Rs. 5,00,000/- ordered to be deposited

being on higher side reduced to Rs. 2,80,000/-.

 (Paras 7 , 8)