In a cheque bounce case, the accused claimed that he did not have any transaction, whatsoever, with the complainant and that the cheque was given to someone else as security which has been misued by the complainant and that the accused lodged a criminal case for this.
The Magistrate acquitted the accused opining that the accused was able to rebut the presumptions of law available in favour of the complainant. When the matter reached the High Court, it observed:
"However, it has to be examined whether the rebuttal evidence let in by the accused is sufficient to dislodge the presumption available to the complainant.
It is surprising that despite having a transaction pertaining to supply of furniture and timber to the complainant's friend Radhakrishnan, there is not a scrap of paper evidencing that transaction.
The accused is a businessman, who would definitely be keeping accounts regarding purchase and sale of timber by him. He has not produced any such accounts to indicate that there was a transaction regarding the sale of timber or furniture to Radhakrishnan.
He has not attempted to examine Radhakrishnan as a witness to substantiate his case regarding the sale of timber to him. It is therefore difficult to accept that there was such a transaction between him and Radhakrishnan.........
I cannot agree with that finding of the learned Magistrate. It is true that the burden on the accused letting in rebuttable evidence is not as heavy as proving an offence against the accused under the criminal law.
All that is required is evidence sufficient based on preponderance of probabilities in his favour. Even if Ext.D1 is to be relied upon, there is no preponderance of probability, probabilising the case of the accused against the complainant so as to rebut the presumptions under Sections 118(a) and 139 of the N.I.Act successfully.
The Court below was therefore not justified in acquitting the accused under Section 255(a). The acquittal has therefore to be set aside".
Ready the Order here:
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