NDLI: Rohitbhai Jivanlal Patel Vs. State of Gujarat & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	138 and 139 Presumption u/ss. 118 and 139 Dishonoured Negotiable Instruments Act 1881 – ss. 118 requisite presumption
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Negotiable Instruments Act, 1881 (26 of 1881)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Negotiable Instruments Act, 1881 – ss. 118, 138 and 139 – Presumption u/ss. 118 and 139 – 7 cheques of Rs. 3 Lakhs each, drawn by the accused-appellant in favour of the complainantrespondent no.2 – Dishonoured – Trial Court dismissed the 7 complaints cases filed by respondent no. 2 – High Court set aside the said orders and convicted the appellant for the offence u/s.138 – On appeal, held: Appellant could not deny his signature on the cheques in question – Said cheques were presented to the Bank concerned within the period of their validity and were returned unpaid for insufficient funds or for account being closed – All the basic ingredients of s.138 as also of ss.118 and 139 were apparent on the face of the record – Trial Court took note of these facts and had drawn the requisite presumption – Therefore, it was required to be presumed that the cheques in question were drawn for consideration and the holder of the cheques i.e., the respondent no.2 received the same in discharge of an existing debt – Onus, therefore, shifted on the appellant to rebut such presumption – However, even after purportedly drawing the presumption u/s.139, the Trial Court proceeded to question the want of evidence on the part of the respondent no.2 as regards the source of funds for advancing loan to the appellant and want of examination of relevant witnesses who allegedly extended him money for advancing it to the appellant – This approach of the Trial Court was at variance with the principles of presumption in law – Appellant not able to discharge his burden of bringing on record such material which could tilt the preponderance of probabilities in his favour – Decision of the Trial Court suffered from perversity and fundamental error of approach – High Court justified in reversing the judgment of the Trial Court – Punishment as regards monetary terms not interfered but, sentence of imprisonment modified – In each of the 7 cases, the appellant to pay fine, double the amount of each cheque (i.e. Rs. 6 lakhs) – In case of default in payment of fine, the appellant to undergo simple imprisonment for one year – On recovery of the amount of fine, the respondent no. 2 be compensated to the tune of Rs. 5.5 lakhs in each case – In the event of imprisonment for default in payment of fine, the sentences in all the 7 cases to run concurrently.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2019 INSC 393
Petitioner	Rohitbhai Jivanlal Patel
Respondent	State Of Gujarat & Anr.
SCR	[2019] 5 S.C.R. 417
Judgement Date	2019-03-15
Case Number	508

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Rohitbhai Jivanlal Patel Vs. State of Gujarat & Anr.

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Rohitbhai Jivanlal Patel Vs. State of Gujarat & Anr.

Rohitbhai Jivanlal Patel Vs. State of Gujarat & Anr.

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