Negotiable Instruments Act, 1881 – s. 139 – Presumption in
favour of holder – Rebuttal of – Dishonour of cheque due to
insufficiency of funds – Conviction by the trial court – High Court
set aside the conviction holding that the accused was able to raise
a doubt regarding existence of debt or liability of the accused – On
appeal, held: High Court erred in setting aside the order of
conviction in exercise of revisional jurisdiction – No sufficient
ground was mentioned – There was no valid basis for the High
Court to hold that the accused has been successful in creating doubt
in the mind of the Court with regard to the existence of the debt or
liability – Trial court as well as the appellate court found that cheque
contained the signatures of the accused and it was given to the
appellant to present in the Bank – Presumption u/s. 139 was rightly
raised which was not rebutted by the accused – No evidence was
led by the accused – Accused even did not come in the witness box
to support his case – Further, the defence taken in the reply to the
notice that cheque was stolen was rejected by the courts below –
Thus, the judgment of the High Court set aside and that of trial
court as affirmed by appellate court restored.