Allow Cookies!
By using our website, you agree to the use of cookies
On Wednesday, the supreme court observed that a blank cheque leaf will attract presumption under section 139 of the Negotiable Instruments(NI) act when the signatures in the cheque leaf are admitted by the accused. The bench comprising Justice NV Raman, Surya Kant, and Aniruddha Bose observed that: The ‘Reverse Onus’ clause under section 118 and section 139 of the negotiable instruments act become operative once it has been proved that the signature on the cheque belongs to the accused. The reverse onus clause is a provision within a statute, which shifts the burden of proof to the individual who has to disprove the information i.e) the defendant. The bench observed that even though the presumptions raised under section 118 and 139 of the NI act are rebuttable in nature, a proper defense must be established by the defendant. Which must meet the standards of ‘preponderance of probability’ and not just possibility.
In this case, The high court of Madras reversed the order of acquittal by the judicial magistrate and convicted the accused under section 139 of the Negotiable instruments act. After noticing the fact that the accused has admitted that the signature on the cheque and the deed is both his signature and has thus acknowledged the liability. The supreme court agreed with the view taken by the high court, the apex court observed that the trial court has completely overlooked the provisions and failed to appreciate the statutory presumption under section 118 and 139 of the NI act. The supreme court bench also observed that the defense raised by the accused does not meet the standard of ‘preponderance of probability’. Another contention made by the defendant was that the judgment of the trial court is a possible view. For which the bench observed that: The high court did not reverse the order of acquittal just because of the difference of opinion, but numerous cases under section 378 of the CrPC justifies the high court’s judgment, where the trial court has committed miscarriage of justice.
86540
103860
630
114
59824