NDLI: Anss Rajashekar Vs. Augustus Jeba Ananth

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss.138 and 139 1881 Appeal against conviction Negotiable Instruments Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Negotiable Instruments Act, 1881 – ss.138 and 139 – Dishonour of cheque – Appeal against conviction – Appellant’s plea was that there was an absence of legally enforceable debt and the burden which was cast by the provisions of s.139 was discharged by him – Complainant’s case was that the appellant had taken a loan of Rs.15 lakhs from him and the cheques were issued by appellant in discharge of the same – The defence of the appellant was that he did not borrow the said amount as alleged nor did he issue the cheque in discharge of any legally enforceable debt and that four blank cheques were issued by him to the complainant on his assurance of a loan from a financial institution – Held: Presumption under s.139 of the Act is rebuttable and the standard of proof for rebuttal of the presumption under s.139 of the Act is guided by a preponderance of probabilities – Complainant failed to establish the source of funds which he allegedly utilized for giving loan of Rs. 15 lakhs to the appellant – There was no receipt or document evidencing the payment of the amount – During the course of his cross-examination, the complainant had deposed that earlier, the appellant had furnished two cheques for Rs. 5 lakhs and Rs. 10 lakhs which he had presented – Complainant did not mention anything about these two cheques in his complaint – Nothing was stated by the complainant in regard to the fate of the earlier two cheques – Non-disclosure of the facts pertaining to the earlier two cheques, and the steps, if any, taken for recovery was a material consideration which indicated that there was a doubt in regard to the transaction – Appellant duly rebutted the presumption under s.139 of the Act and, therefore, is held entitled to acquittal.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 59
Petitioner	Anss Rajashekar
Respondent	Augustus Jeba Ananth
SCR	[2019] 1 S.C.R. 731
Judgement Date	2019-01-18
Case Number	95

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