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Karnataka High Court Restores Convictions in Cheque Dishonour Cases: “Mere marking of receipt in both cases not a ground to doubt financial capacity without rebuttal evidence”

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Court’s Decision

In a detailed judgment dated 13 June 2025, the Karnataka High Court allowed two criminal appeals filed under Section 378(4) of the CrPC. The High Court:

The Court held that “unless rebuttal evidence is placed on record, mere confronting the documents cannot be a ground to disbelieve the case of the complainant” and emphasised that “there cannot be any finding on presumption and assumption.”


Facts

The appeals involved two cheque dishonour complaints filed under Section 138 of the Negotiable Instruments Act.


Issues

  1. Whether the acquittal was erroneous in absence of rebuttal evidence?
  2. Whether the First Appellate Court rightly reversed the conviction?
  3. What order should be passed?

Petitioner’s Arguments

The appellant’s counsel contended that:


Respondent’s Arguments

The respondents contended that:


Analysis of the Law

The Court reiterated that under Section 139 of the NI Act, once execution of the cheque is admitted, a presumption arises in favour of the complainant. The burden then shifts to the accused to rebut this presumption with cogent evidence.

The Court held that:


Precedent Analysis

Though no specific case laws were cited in the judgment, the Court applied the well-settled principle laid down in cases interpreting Section 139 of the NI Act: once execution is admitted, the presumption of a legally enforceable debt arises and must be rebutted by the accused through credible evidence.


Court’s Reasoning

The High Court found:


Conclusion

The High Court allowed both appeals. It restored the conviction and compensation orders, holding that the accused failed to rebut the presumption under Section 139 of the NI Act and had admitted to key elements of the complainant’s case.


Implications

The judgment strengthens the position of complainants under Section 138 NI Act by reiterating that once the cheque and signature are admitted, the presumption under Section 139 stands unless rebutted with convincing evidence. It also clarifies that errors such as marking a receipt in multiple cases do not by themselves destroy the complainant’s case, especially when supported by admissions and other documents.

Also Read: Chhattisgarh High Court Sets Aside Appellate Court Decree Granting Possession in Ancestral Property Dispute

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