Punjab and Haryana High Court Dismisses Revision Petition in Cheque Dishonour Case
In a recent judgment, the Punjab and Haryana High Court, presided over by Justice Sudhir Mittal, dismissed a revision petition filed in a cheque dishonour case. The petitioner, Aman Goyal, had challenged his conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881.
The complaint against the petitioner alleged that he induced the complainant to invest a sum of Rs. 2 crores in a business venture, promising returns if the project did not commence by a specified date. However, the cheque issued by the petitioner for a sum of Rs. 2.33 crores, including interest, was dishonoured, leading to the complaint.
After considering the evidence presented, both the trial court and the appellate court had returned concurrent findings, concluding that the cheque was issued to discharge a legally enforceable liability, and the payment of Rs. 2 crores had been proven. The defense’s claim that the complainant fraudulently obtained the petitioner’s cheque book by forging his application was disbelieved, as other cheques from the same cheque book were issued and honoured.
Justice Sudhir Mittal, in the judgment, highlighted that the forensic examination of the disputed cheque had confirmed the genuineness of the petitioner’s signature. This finding, coupled with the testimony of the witness from the bank and the absence of evidence to support the defense’s claim, led the court to uphold the presumption in favor of the complainant under Section 139 of the Act. The court further noted that the judgments relied upon by the petitioner were distinguishable on their facts.
Court held that the revision petition lacked merit and dismissed it. The petitioner’s appeal against his conviction and sentence was therefore unsuccessful.
Date: April 25, 2023
Aman Goyal Versus Aneet Goel
