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by Admin
07 May 2024 2:49 AM
In a recent decision by the High Court of Punjab & Haryana at Chandigarh, the acquittal of the accused in a cheque bounce case has been upheld. The judgment, delivered on July 21, 2022, highlights the significance of the burden of proof lying with the complainant in such cases.
The case revolved around allegations that the accused, Geeta Devi, had borrowed a substantial sum of Rs. 6,00,000/- and issued a cheque in favor of the complainant, Pamod Kumar. However, the cheque was returned with the notation 'Account Closed.' Subsequently, Pamod Kumar initiated legal proceedings under Section 138 of the Negotiable Instruments Act, 1881.
The court's observation in the judgment emphasized the need for clear and convincing evidence when establishing a claim in cheque bounce cases. The judgment noted, "It would not seem prudent for any person to advance such a huge amount without execution of proper documents in support thereof."
Furthermore, the judgment highlighted that the presumption in favor of the holder of the cheque is rebuttable. In this case, the accused denied both the existence of the liability and having issued the cheque. The burden of proof, therefore, rested squarely on the complainant.
The judgment referenced a significant legal precedent, the case of Triyambak S. Hegde Vs. Sripad (2022) 1 SCC 742, to support its reasoning.
Represented by Mr. Subhash Godara, Advocate, the appellant had argued that the issuance of the cheque and the presumption of a legally enforceable debt should be sufficient to establish the offense. However, the court found that there was no conclusive evidence to support the complainant's claims.
In conclusion, the High Court's decision to uphold the acquittal underscores the importance of providing substantial and irrefutable evidence when pursuing cases of cheque bounce, placing the onus firmly on the complainant to establish their case beyond a reasonable doubt.
Date of Decision: July 21, 2022
PAMOD @ PARMOD KUMAR VS GEETA DEVI
[gview file="https://lawyerenews.com/wp-content/uploads/2023/10/Parmod_Parmod_Kumar_vs_Geeta_Devi_on_21_July_202.pdf"]
