M N Marappa Reddy vs R Pallavi on 18 June, 2026

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    Bangalore District Court

    M N Marappa Reddy vs R Pallavi on 18 June, 2026

    KABC0A0026422025
    
    
    
    
        IN THE COURT OF LXXIII ADDL.CITY CIVIL &
      SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU.
                       (CCH.74)
    
    
                          PRESENT:
              Smt. Anitha N.P., B.A.L., L.L.M.,
           LXXIII Addl.City Civil & Sessions Judge,
                  Mayohall Unit, Bengaluru.
    
    
            Dated this the 18th day of June 2026
    
                  Crl. Appeal. No.25296/2025
    Appellants/    M. N. Marappa Reddy,
    Accused:-      S/o: Myakala Narasimaiah,
                   Aged about 45 years,
                   R/at No.209/1, 1st Floor, 7th Main,
                   Suddagunte Palya, C. V. Raman Nagar,
                   Bangalore 560093.
    
                   (By Sri.M.Gangadhara Shetty - Adv.,)
    
                          V/s
    
    Respondents/ Smt. R. Pallavi,
    Complainant: W/o: Vagesh,
                 Aged about 26 years,
                 R/at No.209/1, Ground Floor,
                 7th Main, Suddagunte Palya,
                 C. V. Raman Nagar, Bangalore 560093.
    
                  (By Sri.K.V.Vijaykumar Gowda- Adv.,)
                                2                   Crl.Appeal No.25296/2025
    
    
    
    
                              JUDGMENT
    

    This is an Appeal filed by Accused under Section
    374(3)(a)
    of Cr.P.C., r/w sec.415 (3) of BNSS, being
    aggrieved by the Judgment dated 10.07.2025 passed in
    C.C.No.54676/2020 on the file of XXXIII ACJM,
    Mayohall Unit, Bengaluru, convicting him for an offence
    punishable under Section 138 of the Negotiable
    Instruments Act [hereinafter referred to as ‘NI Act‘, for
    brevity] and sentencing him to pay fine of Rs.13,50,000/-
    and in default of payment of fine, to undergo simple
    imprisonment for 6 months. Out of the fine amount, a
    sum of Rs.13,40,000/- is directed to be paid to the
    respondent/complainant as compensation and
    remaining Rs.10,000/- is ordered to be remitted towards
    State expenses.

    2. For the sake of convenience the parties
    hereinafter will be referred to with their ranking assigned
    before the trial court. The appellant is the accused and
    the respondent is the complainant before the trial court.

    SPONSORED

    3. The facts of the case:-

    The complainant and accused are known to each
    other. That the accused is proprietor of juice centre and
    3 Crl.Appeal No.25296/2025

    to extend business and to purchase a house at
    Hirendahalli Village, Bidarahalli Hobli, Bangalore East
    Taluk and also to meet his family commitments,
    borrowed hand loan of Rs.9 lakhs during the month of
    March 2020 from the complainant agreeing to repay the
    said amount within 4 months. Towards discharge of said
    liability the accused issued a post dated cheque bearing
    No.700394 dated 13.08.2020 for a sum of Rs. 9 lakhs.
    The complainant presented the said cheque before his
    banker for encashment. However the said cheque
    returned unpaid with an endorsement dated 14.08.2020
    as ‘payment stopped’. The complainant hence issued
    legal notice dated 25.08.2020 to the accused. The said
    legal notice was duly served on accused on 26.08.2020.
    Inspite of receiving legal notice the accused neither paid
    the cheque amount nor given reply. Thereby, the
    Appellant/accused has committed the offence
    punishable under Sec.138 of NI Act. Thereafter the
    Complainant approached the Trial Court for appropriate
    legal action against the Accused.

    4. Pursuant to summons the Accused entered
    appearance through his Counsel before the Trial Court.
    The substance of the accusation was read over and
    4 Crl.Appeal No.25296/2025

    explained to the Accused in the language known to him.
    The Accused pleaded not guilty and claimed to be tried.
    The Complainant got examined herself as PW.1 and got
    marked in all 10 documents as per Ex.P1 to Ex.P10 and
    closed her side evidence. On the other hand the accused
    got examined himself as DW1 and got marked 52
    documents as per Ex.D1 to 52.

    5. The trial court after hearing the counsel for
    Complainant and accused, convicted the Accused for the
    offence punishable U/Sec.138 of NI Act vide Judgment
    dtd 10.07.2025

    6. Feeling aggrieved by the said judgment of
    conviction, the Accused is in appeal on the following
    grounds:

    1. The impugned judgment of conviction and
    sentence is illegal, arbitrary, perverse and
    against to the principles of natural justice.

    The Judgment of the trial court is contrary
    the true facts and circumstances. The
    impugned Judgment is based on surmises
    and conjecture. The cheque in question was
    not issued towards discharge of any debt or
    liability.

    5 Crl.Appeal No.25296/2025

    2. The complainant not proved her case beyond
    all reasonable grounds and she has not
    complied the necessary provisions of NI Act.

    3. The trial court not appreciated the cross-
    examination of complainant in proper
    perspective and not considered the specific
    defence taken by the accused. The
    complainant in the legal notice and in the
    sworn statement has stated that accused
    borrowed hand loan of Rs,.9 lakhs in the
    month of March 2020. However during the
    course of cross-examination the
    complainant stated contrary to her
    complaint, sworn statement and legal notice.
    The complainant not proved her financial
    capacity to lend amount of Rs.9 lakhs. In
    the legal notice though complainant stated
    that she arranged Rs.9 lakhs from her
    friends and relatives to help the appellant,
    but to prove the said fact no document is
    placed on record. The complainant not
    examined said friends or relatives to prove
    her case.

    4. The trial court wrongly concluded that the
    accused not examined the police official
    Rama Reddy and wrongly held that if the
    cheque of accused is forcefully collected
    then accused could have issued said cheque
    by filling the same. The accused not issued
    the cheque willfully and in such a situation
    6 Crl.Appeal No.25296/2025

    the accused cannot summon the said police
    officials. Hence, the reason assigned by the
    trial court is not proper. The complainant
    misused the cheque of accused by colluding
    with her father and police official by name
    Rama Reddy.

    5. The trial court failed to appreciate the
    material variations and major contradictions
    in the pleading and evidence and the
    defence of the accused. The trial court
    misread the provisions of Sec.118 & 139 of
    NI Act without proper appreciation of facts
    and evidence. The impugned sentence is
    arbitrary. Under the above grounds the
    Appellant sought for setting aside the
    impugned judgment by allowing the appeal.

    7. After service of notice, the Respondent appeared
    through his counsel. Records secured from trial court.

    8. Heard both sides arguments.

    9. Perused the evidence, documents on record and
    also impugned Judgment of conviction passed by the
    Trial Court.

    10. On re-appreciation of the evidence, documents
    on record, the following points would emerge for the
    consideration of this court.

    7 Crl.Appeal No.25296/2025

    1. Whether the Appellant proves that the
    cheque in question was not issued
    towards any legally recoverable debt?

    2. Whether the Judgment of conviction
    passed by the Trial Court calls for
    interference by the hands of this
    court?

    3. What Order?

    11. My finding on the above points are as under:

    Point No.1 : In the Negative.

    Point No.2 : In the Negative.

    Point No.3 : As per final order for
    the following:

    REASONS

    12. POINT NOs.1 and 2:-

    Since the above two points are interlinked, in order
    to avoid repetition of facts the above points have been
    taken up together for consideration.

    13. Before re-appreciating the evidence on record, it
    is necessary to refer the decision of the Hon’ble Apex
    Court reported in 2019 (3) KCCR 2473 (SC)
    (Basalingappa V/s Mudibasappa), which is relied on by
    the accused wherein the Hon’ble Apex Court while
    considering several earlier rulings on the offence
    8 Crl.Appeal No.25296/2025

    U/Sec.138 of NI Act and also on the presumption
    U/Sec.118 and 139 of NI Act, at Para 23 was pleased to
    observe as follows:

    23. We having noticed the ratio laid down
    by this Court in above cases on Sections 118(a)
    and 139, we now summarise the principles
    enumerated by this Court in following manner:-

    (i) Once the execution of cheque is
    admitted Section 139 of the Act mandates a
    presumption that the cheque was for the
    discharge of any debt or other liability.

    (ii) The presumption under Section 139 is
    a rebuttable presumption and the onus is on the
    Accused to raise the probable defence. The
    standard of proof for rebutting the presumption
    is that of preponderance of probabilities.

    (iii) To rebut the presumption, it is open
    for the Accused to rely on evidence led by him
    or Accused can also rely on the materials
    submitted by the Complainant in order to raise
    a probable defence. Inference of preponderance
    of probabilities can be drawn not only from the
    materials brought on record by the parties but
    also by reference to the circumstances upon
    which they rely.

    (iv) That it is not necessary for the Accused to
    come in the witness box in support of his
    defence, Sec.139 imposed an evidentiary
    burden and not a persuasive burden.

    (v) It is not necessary for the Accused to
    come in the witness box to support his defence.

    9 Crl.Appeal No.25296/2025

    14. In another ruling reported in AIR 2010 SC
    1898 (Rangappa V/s Mohan),which is relied on by
    accused the Honble Apex court has observed as
    under:-

    “Existence of legally recoverable debt or
    liability- The presumption mandated by Section
    139
    of the Act does indeed include the
    existence of a legally enforceable debt or
    liability. This is of course in the nature of a
    rebuttable presumption and it is open to the
    Accused to raise a defence wherein the
    existence of a legally enforceable debt or
    liability can be contested. However, there can
    be no doubt that there is an initial presumption
    which favours the Complainant. Section 139 of
    the Act is an example of a reverse onus clause
    that has been included in furtherance of the
    legislative objective of improving the credibility
    of negotiable instruments. While Section 138 of
    the Act specifies a strong criminal remedy in
    relation to the dishonour of cheques, the
    rebuttable presumption under Section 139, is a
    device to prevent undue delay in the course of
    litigation. However, it must be remembered that
    the offence made punishable by Section 138
    can be better described as a regulatory offence
    since the bouncing of a cheque is largely in the
    nature of a civil wrong whose impact is usually
    confined to the private parties involved in
    commercial transactions. In such a scenario,
    the test of proportionality should guide the
    construction and interpretation of reverse onus
    clauses and the Accused/defendant cannot be
    expected to discharge an unduly high standard
    or proof. In the absence of compelling
    justifications, reverse onus clauses usually
    impose an evidentiary burden and not a
    10 Crl.Appeal No.25296/2025

    persuasive burden. Keeping this in view, it is a
    settled position that when an Accused has to
    rebut the presumption under Section 139, the
    standard of proof for doing so is that of
    ‘preponderance of probabilities’. Therefore, if
    the Accused is able to raise a probable defence
    which creates doubts about the existence of a
    legally enforceable debt or liability, the
    prosecution can fail. The Accused can rely on
    the materials submitted by the Complainant
    and it is conceivable that in some cases the
    Accused may not need to adduce evidence of
    his/her own.”

    15. Keeping in mind the broad principles laid down
    by the Hon’ble Apex Court, let me re-appreciate the
    evidence and documents on record.

    16. The definite case of the
    Complainant/Respondent is that the complainant and
    accused are known to each other. That the accused is
    proprietor of juice centre and to extend business and to
    purchase a house at Hirendahalli Village, Bidarahalli
    Hobli, Bangalore East Taluk and also to meet his family
    commitments, borrowed hand loan of Rs.9 lakhs during
    the month of March 2020 from the complainant agreeing
    to repay the said amount within 4 months. Towards
    discharge of said liability the accused issued a post
    dated cheque bearing No.700394 dated 13.08.2020 for a
    sum of Rs. 9 lakhs. The complainant presented the said
    11 Crl.Appeal No.25296/2025

    cheque before his banker for encashment. However the
    said cheque returned unpaid with an endorsement dated
    14.08.2020 as ‘payment stopped’. The complainant
    hence issued legal notice dated 25.08.2020 to the
    accused. The said legal notice was duly served on
    accused on 26.08.2020. Inspite of receiving legal notice
    the accused neither paid the cheque amount nor given
    reply.

    17. The complainant in order to prove her case got
    examined herself as P.W.1 and got marked in all 10
    documents as per Ex.P1 to Ex.P10 and closed her side
    evidence. On the other hand the accused proved his
    defence examined as DW1 and got marked in 52
    documents as per Ex.D1 to 52.

    18. Let me go through the documentary evidence
    placed by the Complainant in this case. Ex.P.1 is
    Original cheque, Ex.P.2 is Bank return memo, Ex.P.3 is
    Office copy of the legal notice, Ex.P.4 is Postal receipt,
    Ex.P.5 is Postal track consignment, Ex.P.6 is Bank
    account statement, Ex.P.7 is Reply notice, Ex.P.8 & 9 are
    2 Statement of accounts, Ex.P.10 is Rental agreement.

    12 Crl.Appeal No.25296/2025

    19. In the case on hand on perusal of the cross-
    examination of complainant/PW1 she deposed that the
    accused was tenant under her father and he vacated the
    rented premises on 08.09.2020. The present complaint is
    filed on 23.09.2020. From 2018 to 2020 she worked as
    Pharmacist/Production officer in GSK company. She was
    getting salary of Rs.23,000/- per month, she has studied
    Diploma in Pharmacy. She paid Rs.9 lakhs in interval
    and part by part, by way of Google pay, cheque, cash etc.
    She denied that as they refused return the lease amount
    to accused the accused approached Baiyappanahalli
    Police on 08.08.2020. She denied that it is only a sum of
    Rs.2,27,000/- was paid to accused through Google pay
    and out of that he paid Rs.70,000/- through Google pay.
    She also denied that when the accused requested to
    appropriate the balance amount of Rs.1,50,000/- out of
    the available lease amount of Rs.5 lakhs to be paid by
    her father she started quarrel with accused.

    20. This PW1 in her further cross-examination
    deposed that the accused himself issued completed
    cheque and given the same to her at Suddaguntepalya in
    the month of March 2020. She denied that on
    08.08.2020 police constable of Byappanahalli by name
    13 Crl.Appeal No.25296/2025

    Rama Reddy collected Ex.P1 cheque from the accused
    towards settlement held at police station and handed
    over same to complainant. She denied that the payee
    name and so also the amount are filled by the
    complainant.

    21. This PW1 further deposed that she has no
    document to show that she was saving for opening
    medical shop. Ex.P9 is not belongs to her but the same
    belongs to her husband. Her marriage was solemnized in
    the year 2019. As she borrowed money from her
    husband and transferred money to accused she
    produced Ex.P9. She is not an income tax assessee her
    husband is an income tax assessee.

    22. This PW1 in her further cross-examination
    admits that in the month of April 2020 some differences
    were arose between them in respect of rented house.
    However she do not know the difference between her
    father and accused in respect of lease amount. She
    pleaded her ignorance that accused has given his signed
    blank cheque for lease amount as a security to her
    father. She denied that in view of the difference between
    her father and accused in respect of paying back the
    14 Crl.Appeal No.25296/2025

    lease amount, her father lodged complaint before
    Baiyappanahalli Police as against accused and at that
    stage the complainant collected Ex.P1 cheque for
    guarantee of her loan of Rs.2,27,000/-

    23. This PW1 in her further cross-examination
    deposed that her father is owner of property shown in
    Ex.P10. Ex.P10 is rental agreement and it was for a
    period of 11 months and the same was not renewed. She
    denied that rent is converted to lease and the accused
    has paid in total Rs.7 lakhs to her father towards lease
    amount and also issued cheque No. 660855 as security
    to balance amount of Rs.1 lakh. She denied that the
    accused vacated the premises on 20.09.2020 in view of
    the undertaking of her father to return the lease amount.
    She has given complaint to Baiyappanahalli Police
    Station against the accused for misbehaving with her
    when she demanded him to pay back her money. She
    admits that the accused and his wife have lodged
    complaint before Baiyappanahalli Police Station against
    her and her parents stating that they have assaulted
    them. She denied that in the police station they got
    settled the dispute by deducting her loan amount of
    Rs.2,10,000/-out of lease amount of Rs.7 lakhs and
    15 Crl.Appeal No.25296/2025

    directed her father to pay the remaining lease amount
    and thereby she collected the cheque in question for
    security in presence of police.

    24. On perusal of the evidence of accused he
    deposed in his chief examination that he started his
    business Shree Venkateshwara Juice Junction in the
    year 2010 ad thereafter he started S.V.Lassi Corner
    Tecnotree and also other businesses. He was having
    good business and he was getting Rs.3 lakhs to 5 lakhs
    per month from business. He is an income tax assessee.
    On 12.03.2013 he taken rented house from the
    complainant’s father by name Suresh Reddy by paying
    advance of Rs.1 lakh and the rent of Rs.8,000/-. He
    vacated the premises on 08.09.2020. He paid rent from
    2013 to 2019 at Rs.8,000/- to Rs.11,500/-. In the year
    2019 the rent agreement was converted to lease for a
    sum of Rs.7 lakhs and for the said amount the previous
    advance of Rs.1 lakh was adjusted and in addition to
    that on 05.03.2019 he paid Rs.5 lakhs through cheque.
    In respect of remaining balance he requested some time
    and as the father of the complainant demanded blank
    cheque he issued cheque bearing No.660855. The said
    cheque is not returned though he paid 10 installments
    16 Crl.Appeal No.25296/2025

    up to December 2019. Even for renewal of lease the said
    Suresh Reddy not come forward. On 13.03.2020 he
    purchased a house for a sum of Rs.60 lakhs and
    arranged amount. As the complainant was good friend of
    him on 13.03.2020 he requested complainant to transfer
    Rs.1 lakh to his account and the complainant
    transferred Rs.1 lakh under 2 transactions. The
    complainant voluntarily deposited additional amount to
    accused and stating that her husband will grab the
    money from her and hence deposited amount of
    Rs.77,000/- on 14.03.2020 and Rs.50,000/- on
    21.03.2020. Hence, the complainant has paid only
    Rs.2,27,000/- he had returned a sum of Rs.70,000/- on
    different dates and he was due for a sum of
    Rs.1,57,000/-. After purchase of his house due to Covid
    19 Pandemic he went to his native and thereafter he
    alone returned to Bangalore and requested the father of
    the complainant to return his amount after deducting
    the above said of Rs.1,57,000/-. On 02.8.2020 the
    complainant and her parents picked up quarrel in the
    street and he called police. Again on 07.08.2020 the
    complainant and her parent and sister by entering his
    house have man handled his wife and son. Hence he
    lodged complaint in this regard and police stated him to
    17 Crl.Appeal No.25296/2025

    come on next day i.e., 08-08-2020. On the said day a
    police constable by name Rama Reddy solved their
    difference and they obtained statement of mother of
    complainant and as the father of the complainant stated
    that the transactions between him and the accused and
    the complainant and accused are different he assured
    that on 30.10.2020 he will return the lease amount after
    deducting necessary charges. The accused also assured
    to pay the balance amount of Rs.1,57,000/-. At that time
    the at the instance of said police constable Rama Reddy
    as he said that after vacating the house if he ran away
    without paying Rs.1,57,000/- and hence complainant
    demanded a blank cheque as guarantee. At that time the
    said police Rama Reddy also forced him to give a blank
    signed cheque. Accordingly, he has given Ex.P1 chque to
    the complainant and he handed over the same to Rama
    Reddy. On the contrary the complaint filed by accused
    was taken as non-cognizable and they issued NCR on
    08.08.2020. On 14.8.2020 he received the message from
    his banker that the cheque was presented for collection.
    On the same day he went to bank and he came to know
    that his cheque was presented without waiting till
    30.09.2020. Immediately he given written complaint to
    the bank to stop payment and also to hold the said
    18 Crl.Appeal No.25296/2025

    cheque. The legal notice was sent to address where he
    was staying in the first floor as tenant. He has given
    reply notice to complainant on 28.09.2020 narrating the
    fraudulent act. Though he vacated the house on
    08.09.2020 itself the complainant knowing fully well has
    issued notice to wrong address.

    25. This accused has produced and got marked in
    all 52 documents.Ex.D1 is Rental agreement, Ex.D2 is
    Registration certificate, Ex.D3 is Trade license renewal
    certificate, Ex.D4 is Renewed license, Ex.D5 is Renewed
    license, Ex.D6 is Trade license certificate, Ex.D7 is
    License renewal acknowledgment, Ex.D8 is Renewed
    license, Ex.D9 is Renewed agreement, Ex.D10 is
    Passbook, Ex.D11 is Letter of understanding, Ex.D12 is
    Renewed license, Ex.D13 is Renewed license, Ex.D14 is
    Renewed license, Ex.D15 is Copy of Registration
    certificate, Ex.D16 is Renewed license, Ex.D17 to 21 are
    Photo printouts, Ex.D22 is ITR-V along with statement of
    income, Ex.D23 is ITR-V along with statement of income,
    Ex.D24 is ITR-V along with statement of income, Ex.D25
    is ITR-V along with statement of income, Ex.D26 is ITR-V
    along with statement of income, Ex.D27 is ITR-V along
    with statement of income, Ex.D28 is ITR
    19 Crl.Appeal No.25296/2025

    acknowledgment along with statement of income, Ex.D29
    is ITR acknowledgment, Ex.D30 is ITR acknowledgment
    along with statement of income, Ex.D31 is Computerized
    copy of sale deed, Ex.D32 is Computerized copy of
    mortgage deed, Ex.D33 is Computerized copy of
    mortgage deed, Ex.D34 is Computerized copy of sale
    deed, Ex.D35 is Bank account statement, Ex.D36 is
    Bank account statement, Ex.D37 is True copy of
    complainant, Ex.D38 is True copy of police statement,
    Ex.D39 is Police endorsement, Ex.D40 is Police
    endorsement, Ex.D41 is Copy of complaint to the bank,
    Ex.D42 is Empty cover through which court summons
    said to have been sent, Ex.D43 is Copy of legal notice,
    Ex.D44 is Postal acknowledgment, Ex.D45 is Copy of
    reply notice, Ex.D46 is Copy of summons, Ex.D47 is
    Empty postal cover, Ex.D48 is Gas receipt, Ex.D49 to 52
    Bank account statements.

    26. On perusal of the cross-examination of DW1 he
    deposed that till the date of issue of notice he was
    residing in the house of complainant. He admits that the
    notice is issued even to his village address and his
    residential address at Bangalore. The cheque in question
    is belongs to his account and he admits his signature.

    20 Crl.Appeal No.25296/2025

    He admits that many other cases are pending regarding
    issuance of cheque by him. However according to him
    they are all false cases. He do not remember what was
    balance in bank account when Ex.P2 the endorsement
    was issued by the bank, he deposed that it may be true
    that on that day the balance available was Rs.7,934/-. In
    respect of his complaint the police have given him NCR.
    He can examine the police officer Rama Reddy.

    27. With this factual matrix, firstly the court has to
    appreciate whether there are materials to ascertain the
    existence of legally enforceable debt. At the outset, the
    Court has to appreciate whether Section 138 of The Act
    is made out. When the cheque is produced before the
    Court and when it came to be dishonored for funds
    insufficient or for any other reason and when the legal
    notice was issued within the statutory period then the
    presumption available under Sections 118 & 139 of The
    Act is made out in favour of the complainant. The
    provisions of Section 118 of The Act are separated from
    the general rule applicable to the contracts and it
    provides presumption in favour of the party. The said
    presumptions are that: unless the contrary is proved the
    Court has to presume that the consideration had passed
    21 Crl.Appeal No.25296/2025

    between the parties as enumerated under Section 118 of
    NI Act. Likewise, unless the contrary is established
    Section 139 of the NI Act clearly establishes that the
    holder of the cheque had received the same towards
    discharge of the legally enforceable debt either towards
    whole or partial liability. The said presumptions have to
    be read conjointly in order to ascertain whether the
    ingredients are made out. Further, the said
    presumptions are rebuttable and the same has to be
    appreciated with the factual aspects of the case. The
    impugned cheque at Ex.P1 was drawn during the period
    of its validity and was accordingly presented to the bank
    and after its dishonor the notice was also issued and
    later on after completing all the statutory bound
    obligations the complaint came to be filed. This clearly
    indicates that initial presumption is drawn in favour of
    the complainant. It is also relevant to note that the said
    presumption is rebuttable one and as such the defence
    of the accused has to be appreciated in order to
    ascertain whether the presumption which is drawn
    initially in favour of the complainant has been
    successfully rebutted.

    22 Crl.Appeal No.25296/2025

    28. The law is well settled that the accused need
    not enter the witness box to rebut initial presumption. At
    the same time, the defense which is taken up by the
    accused is to be appreciated so as to ascertain whether
    the same was probable or not. In the case on hand it is
    the specific defence of accused that he borrowed only
    Rs.1 lakh from the complainant and the complainant
    herself deposited additional amount of Rs.77,000/-on
    14.03.2020 and Rs.50,000/- on 21.03.2020 stating that
    her husband will grab the amount from her. Hence she
    deposited said amount. Hence, it is only Rs.2,27,000/- is
    paid by complainant to him. Out of the said amount he
    already paid Rs.70,000/- through his bank account and
    through his relatives by name Smt. Pankaja and
    Mr.M.N.Rajanna. He paid Rs.10,000/- on 30.03.2020
    and paid Rs.40,000/- through Pankaja. He transferred
    Rs.20,000/- through his relative Pankaja on 23.07.2020
    and on 04.08.2020. Hence, according to this accused he
    already paid Rs.70,000/- to the complainant.

    29. When the accused has taken said defence the
    burden is on him to prove the said fact by placing cogent
    and convincing evidence. First and foremost the
    contention of the accused that he borrowed only Rs.1
    23 Crl.Appeal No.25296/2025

    lakh and additional amount of Rs.1,27,000/- is paid by
    complainant only is not established by any cogent
    evidence. The accused has produced bulky documents in
    respect of his business and in respect of his purchase.
    However this accused himself in his chief examination
    admits that so as to purchase property he was in need of
    money and he borrowed loan and also admits that he
    requested complainant also for the assistance of money.
    However according to him he requested only Rs.1 lakh.
    But the said fact is not proved by any evidence. As
    admitted by this accused himself in the police station the
    father of the complainant has stated him that his
    transaction is different and his daughter transaction is
    different. When that being the case the accused has to
    establish that it is only Rs.2,27,000/- is paid by
    complainant to him and he already repaid Rs.70,000/-
    to the complainant.

    30. The pass book marked at Ex.D10 shows
    transfer of amount to Juniper Networks. The bank
    statement marked at Ex.D35 is pertains to the account
    of this accused and the same shows the transfer of some
    amount like Rs.40,000/- and 10,000/- on 30.03.2020 to
    his account. However from whose account said amount
    24 Crl.Appeal No.25296/2025

    was transferred is not established. Similarly on
    21.03.2020 some UPI transaction in respect of
    Rs.50,000/- is referred. The accused who is produced
    the said account extract has to establish that the said
    transfer represents to the complainant. However nothing
    on record is placed to establish the said fact.

    31. Similarly, on perusal of the account statement
    dated 05.03.2019 a sum of Rs.2,88,688/- is reflected to
    the name of Suresh Reddy. However as admitted by the
    accused himself he vacated the premises of father of
    complainant on 08.09.2020. Though the accused taken
    defence that he paid a sum of Rs.5 lakhs to the father of
    complainant through cheque No.693417, the account
    statement dated 05.03.2019 of this accused shown the
    transfer of said amount to the Suresh Reddy but as
    admitted accused himself the transaction between
    accused and complainant is different and transaction
    between complainant’s father and accused is different.
    The account extract of Rajanna is marked at Ex.D36 but
    the same does not reflect the transfer of amount to the
    account of complainant.

    25 Crl.Appeal No.25296/2025

    32. The document marked at Ex.D37 shows that
    this accused has lodged complaint as against the house
    owner Suresh Reddy alleging that they have tried to
    assault him and imposed life threat and abused him by
    filthy words. The said complaint also reflects borrowing
    of amount of Rs.2,27,000/- from the daughter of
    Sureshreddy. However the said complaint cannot be
    called as document for having borrowed such loan from
    complainant. It is self serving statement and nothing
    else. On the basis of said document it is not possible to
    hold that the complainant has paid Rs.2,27,000/-.
    Statement of Smt. Kavitha wife of Suresh Reddy shows
    that she has given statement and NCR was given stating
    that the matter is civil in nature.

    33. It is necessary to note that according to
    complainant the cheque in question was issued in
    respect of the loan amount borrowed by the accused.
    Where as the accused taken defence that when he lodged
    complaint as against the parents of complainant alleging
    assault on 07.08.2020 at that time the police constable
    by name Rama Reddy was sent to sort the matter and
    the matter was compromised and statement was taken
    and at that time as it was stated that the transaction of
    26 Crl.Appeal No.25296/2025

    complainant and her father are different hence, as said
    by Rama Reddy and as he forced and also as
    complainant demanded he issued signed blank cheque.
    In respect of said defence it is to be noted that this
    accused has not placed any evidence to show that the
    cheque in question was given to complainant in police
    station in view of her demand and also in view of the
    pressure by the said police officer Rama Reddy. It is vital
    to note that Ex.P1 cheque is dated 13.08.2020. The
    accused if he had really owed only a sum of
    Rs.2,27,000/- then the accused could have mentioned
    the very same amount in the said cheque and would
    have given the same to complainant. Nothing prevented
    this accused to mention the very same amount in the
    cheque.

    34. That apart the best witness in the
    circumstances is said police constable Rama Reddy who
    according to accused who sorted the difference between
    him and complainant and her parent.

    35. It is also necessary to note that this accused
    has given complaint before police on 07-08-2020. The
    police have given NCR on 08-08-2020. According to
    27 Crl.Appeal No.25296/2025

    accused he issued the Ex.P1 cheque to complainant on
    08-08-2020. If he had given cheque in the police station
    then why the same is not mentioned in the NCR is not
    explained by accused. This accused given request before
    his banker on 14.08.2020. Then the question arises why
    this accused who has given cheque on 08-08-2020 kept
    quite till 14-08-2020. If the cheque was given as security
    to the complainant then nothing prevented this accused
    to give request letter immediately before his banker to
    stop payment. There is no explanation by the accused in
    this regard.

    36. The accused as an after thought to evade the
    payment to complainant has given complaint as per
    Ex.D37 by mentioning that he owed Rs.2,27,000/-
    without mentioning that he already paid Rs.70,000/- to
    complainant and the alleged balance payable to
    complainant was only Rs.1,57,000/-. If the accused has
    repaid Rs.70,000/- through various persons and also by
    him then why he has not mentined the same in his
    complaint at Ex.D37 is remained unexplained. Even in
    the complaint given before his banker this accused has
    not mentioned the alleged repayment of Rs.70,000/-

    28 Crl.Appeal No.25296/2025

    37. The complainant presented the Ex.P1 Cheque
    before her banker on 14.08.2020. It is vital to note that
    the said cheque returned for reason payment stopped by
    the drawer. Even the endorsement that payment stopped
    by the drawer also attracts the offence punishable
    u/sec.138 of NI Act. The burden is on the accused to
    establish that on the date of presentation of said cheque
    he was having sufficient balance in his account so as to
    honor the said cheque. The accused himself admits that
    on the date of issuance of endorsement by the banker as
    per Ex.P2 the available amount in his account was Rs.
    7934/-. The same shows that there was no sufficient
    balance in his account to honour the Ex.P1 cheque.
    Hence the complaint given before police and request
    letter given by accused before his banker is only an after
    thought documents so as to evade payment which is
    legally payable by him to complainant. Accordingly,
    though this accused taken defence that he borrowed only
    Rs.2,27,000/- from the complainant and he already paid
    Rs.70,000/- there is nothing on record.

    38. The accused also taken defence that the
    complainant had no financial capacity to lend amount.
    However it is vital to note that on perusal of the reply
    29 Crl.Appeal No.25296/2025

    notice this accused has not taken such a defence
    regarding the financial capacity of the complainant at the
    earliest possible opportunity. The complainant deposed
    that she was working and getting salary. The said
    evidence of complainant remained unchallenged.

    39. In his chief examination affidavit this accused
    has taken defence that before the police the father of the
    complainant stated the transaction between accused and
    father of the complainant is different and the transaction
    between complainant and accused is different. Whereas
    in the reply notice this accused stated that in respect of
    loan of Rs.2,27,000/- borrowed by him he paid
    Rs.70.000/- and it is after deducting Rs.1,57,000/-
    father of the complainant not returned the remaining
    amount of lease. The accused is not sure about the
    defence taken by him. The accused not placed any
    material to rebutt the presumption available in favour of
    the complainant.Absolutely there is nothing on record to
    establish that Ex.P1 was issued by the accused to the
    complainant at the instance of police constable
    Ramareddy in police station for the purpose of security.

    30 Crl.Appeal No.25296/2025

    40. Accused taken defence that the complainant
    herself has filled the cheque recitals and misused the
    cheque. However once again it is vital to note that the
    accused except taking said contention not placed any
    material to establish that the complainant has misused
    the cheque.

    41. The court is well aware of the cardinal principle
    of law, that the burden will be upon the prosecution to
    prove the case beyond reasonable doubt. However, a
    duty is also casted upon the Accused to successfully
    rebut the presumption which is raised by the
    complainant. Admittedly, the complainant has
    discharged the initial burden as already discussed supra
    and as such the onus will be shifted upon the accused to
    rebut the same.

    42. As discussed supra, the accused himself admits
    that, Ex.P.1 cheque is pertains to his account and the
    signature on said cheque is his signature. Hence, there
    is presumption in favour of complainant. The accused
    utterly failed to prove the defence of issuing of said
    cheque as a security at the instance of police constable
    Ramareddy in Byeappanahalli police station to the
    complainant in respect of loan of Rs 1,57,000/- and
    31 Crl.Appeal No.25296/2025

    thereafter by filling the cheque presented the same
    before bank and misused the cheque which was issued
    as security. With respect to the presumption and also
    the defense of misuse of cheque taken up by the
    Appellant the court has relied upon the judgment of the
    Hon’ble Apex Court reported in (2018)8 SCC 165
    (Kishan Rao V/s Shankaregowda) wherein it has been
    held thus:

    Section 139 of the Act, 1881 provides for
    drawing the presumption in favour of holder.
    Section 139 is to the following effect:

    “139.Presumption in favour of holder.-It shall
    be presumed, unless the contrary is proved, that
    the holder of a cheque received the cheque of the
    nature referred to in section 138 for the
    discharge, in whole or in part, of any debt or
    other liability.”

    18. This Court in Kumar Exports vs. Sharma
    Carpets
    , 2009 (2) SCC 513, had considered the
    provisions of Negotiable Instruments Act as
    Referring to 139, this Section well Evidence Court
    laid following in paragraphs 14, 15, 18 and 19:

    Section 139 of the Act provides that it shall
    be presumed, unless the contrary is proved, that
    the holder of a cheque received the cheque of the
    nature referred to in Section 138 for the
    discharge, in whole or in part, of any debt or
    other liability.

    15. Presumptions are devices by use of which
    the courts are enabled and entitled to pronounce
    on an issue notwithstanding that there is no
    evidence or insufficient evidence. Under the
    Evidence Act
    all presumptions must come under
    one or the other class of the three classes
    mentioned in the Act, namely, (1) “may presume”

    32 Crl.Appeal No.25296/2025

    (rebuttable), (2) “shall presume” (rebuttable), and
    (3) “conclusive presumptions” (irrebuttable). The
    term “presumption” is used to designate an
    inference, affirmative or disaffirmative of the
    existence of a fact, conveniently called the
    “presumed fact” drawn by a judicial tribunal, by a
    process of probable reasoning from some matter
    of fact, either judicially noticed or admitted or
    established by legal evidence to the satisfaction
    of the tribunal. Presumption literally means
    “taking as true without examination or proof”.

    18. Applying the definition of the word
    “proved” in Section 3 of the Evidence Act to the
    provisions of Sections 118 and 139 of the Act, it
    becomes evident that in a trial under Section 138
    of the Act a presumption will have to be made
    that every negotiable instrument was made or
    drawn for consideration and that it was executed
    for discharge of debt or liability once the
    execution of negotiable instrument is either
    proved or admitted. As soon as the complainant
    discharges the burden to prove that the
    instrument, say a note, was executed by the
    accused, the rules of presumptions under
    Sections 118 and 139 of the Act help him shift
    the burden on the accused. The presumptions will
    live, exist and survive and shall end only when
    the contrary is proved by the accused, that is, the
    cheque was not issued for consideration and in
    discharge of any debt or liability. A presumption
    is not in itself evidence, but only makes a prima
    facie case for a party for whose benefit it exists.

    19. The use of the phrase “until the contrary
    is proved” in Section 118 of the Act and use of
    the words “unless the contrary is proved” in
    Section 139 of the Act read with definitions of
    “may presume” and “shall presume” as given in
    Section 4 of the Evidence Act, makes it at once
    clear that presumptions to be raised under both
    the provisions are rebuttable. When a
    presumption is rebuttable, it only points out that
    the party on whom lies the duty of going forward
    33 Crl.Appeal No.25296/2025

    with evidence, on the fact presumed and when
    that party has produced evidence fairly and
    reasonably tending to show that the real fact is
    not as presumed, the purpose of the presumption
    is over.”

    19. This Court held that the accused may
    adduce evidence to rebut the presumption, but
    mere denial regarding existence of debt shall not
    serve purpose. Following was held in paragraph
    20:

    “20….The accused may adduce direct
    evidence to prove that the note in question was
    not supported by consideration and that there
    was no debt or liability to be discharged by him.
    However, the court need not insist in every case
    that the accused should disprove the non-
    existence of consideration and debt by leading
    direct evidence because the existence of negative
    evidence is neither possible nor contemplated. At
    the same time, it is clear that bare denial of the
    passing of the consideration and existence of
    debt, apparently would not serve the purpose of
    the accused. Something which is probable has to
    be brought on record for getting the burden of
    proof shifted to the complainant. To disprove the
    presumptions, the accused should bring on record
    such facts and circumstances, upon consideration
    of which, the court may either believe that the
    consideration and debt did not exist or their non-
    existence was so probable that a prudent man
    would under the circumstances of the case, act
    upon the plea that they did not exist…”

    20. In the present case, the trial court as well
    as the Appellate Court having found that cheque
    contained the signatures of the accused and it
    was given to the appellant to present in the Bank
    of the presumption under Section 139 was rightly
    raised which was not rebutted by the accused.
    The accused had not led any evidence to rebut
    the aforesaid presumption. The accused even did
    the not come in the presumption. The accused
    even did not come in the witness box to support
    34 Crl.Appeal No.25296/2025

    his case. In the reply to the notice which was
    given by the appellant the accused took the
    defence that the cheque was stolen by the
    appellant. The said defence was rejected by the
    trial court after considering the evidence on
    regard with regard to which no contrary view has
    also been expressed by the High Court.

    21. Another judgment which needs to be
    looked into is Rangappa vs. Sri Mohan, 2010 (11)
    SCC 441. A three Judge Bench of this Court had
    occasion to examine the presumption under
    Section 139 of the Act, 1881. This Court in the
    aforesaid case has held that in the event the
    accused is able to raise a probable defence which
    creates doubt with regard to the existence of a
    debt or liability, the presumption may fail.
    Following was laid down in paragraphs 26 and 27:

    “26. In light of these extracts, we are in
    agreement with the respondent claimant that the
    presumption mandated by Section 139 of the Act
    does indeed include the existence of a legally
    enforceable debt or liability. To that extent, the
    impugned observations in Krishna Janardhan
    Bhat, (2008) 4 SCC 54, may not be correct.
    However, this does not in any way cast doubt on
    the correctness of the decision in that case since
    it was based on the specific facts and
    circumstances therein. As noted in the citations,
    this is of course in the nature of a rebuttable
    presumption and it is open to the accused to raise
    a defence wherein the existence of a legally
    enforceable debt or liability can be contested.
    However, there can be no doubt that there is an
    initial presumption which favours the
    complainant.

    27. Section 139 of the Act is an example of a
    reverse onus clause that has been included in
    furtherance of the legislative objective of
    improving the credibility of negotiable
    instruments. While Section 138 of the Act
    specifies a strong criminal remedy in relation to
    the dishonour of cheques, the rebuttable
    35 Crl.Appeal No.25296/2025

    presumption under Section 139 is a device to
    prevent undue delay in the course of litigation.
    However, it must be remembered that the offence
    made punishable by Section 138 can be better
    described as a regulatory offence since the
    bouncing of a cheque is largely in the17 nature of
    a civil wrong whose impact is usually confined to
    the private parties involved in commercial
    transactions. In such a scenario, the test of
    proportionality should guide the construction and
    interpretation of reverse onus clauses and the
    defendant-accused cannot be expected to
    discharge an unduly high standard or proof.”

    22. No evidence was led by the accused. The
    defence taken in the reply to the notice that
    cheque was stolen having been rejected by the
    two courts below, we do not see any basis for the
    High court coming to the conclusion that the
    accused has been successful in creating doubt in
    the mind of the Court with regard to the
    existence of the debt or liability. How the
    presumption under Section 139 can be rebutted
    on the evidence of PW.1, himself has not been
    explained by the High court.

    43. The sum and substance is that there is a
    presumption in favour of holder of cheque in due course.
    The accused failed to prove contrary. Lastly the Court
    has also appreciated the statement of Accused recorded
    under Sec.313 of Cr.P.C. regarding the evidence under
    Sec.313 of Cr.P.C., is not a bald formality. In fact, it is an
    opportunity rendered to the Accused to explain the
    incriminating materials against him. However, the
    Accused has only denied but he failed to rebut the
    36 Crl.Appeal No.25296/2025

    presumption available in favor of complainant. Whether
    this Accused has taken any legal action as against the
    complainant in respect of misusing of his cheque is not
    forthcoming. Under the circumstances, the burden of
    proof is successfully established by the complainant and
    as such, with respect to the existence of legally
    enforceable debt and its presumption, the Court has
    relied upon the judgment of Hon’ble Apex Court reported
    in (2019) 10 SCC 287 (Uttam Ram V. Devinder Singh
    Hudan and another
    ) wherein it has been held as;

    18. We find that the approach of the learned Trial
    Court and that of the High Court is perverse;
    irrational as well as suffers from material illegality
    and irregularity, which cannot be sustained in
    complaint filed under Section 138 of the Act.

    19. A negotiable instrument including a cheque
    carries presumption of consideration in terms of
    Section 118(a) and under Section 139 of the Act.
    Sections 118(a) and 139 read as under:

    “118. Presumptions as to negotiable instruments.-
    Until the contrary is proved, the following
    presumptions shall be made:–

    (a) of consideration–that every negotiable
    instrument was made or drawn for consideration,
    and that every such instrument, when it has been
    accepted, indorsed, negotiated or transferred, was
    accepted, indorsed, negotiated or transferred for
    consideration;….

    xxx xxx xxx
    37 Crl.Appeal No.25296/2025

    139. Presumption in favour of holder.–It shall be
    presumed, unless the contrary is proved, that the
    holder of a cheque received the cheque of the
    nature referred to in section 138 for the
    discharge, in whole or in part, of any debt or other
    liability.”

    20. The Trial Court and the High Court proceeded
    as if, the appellant is to prove a debt before civil
    court wherein, the plaintiff is required to prove
    his claim on the basis of evidence to be laid in
    support of his claim for the recovery of the
    amount due. A dishonour of cheque carries a
    statutory presumption of consideration. The
    holder of cheque in due course is required to
    prove that the cheque was issued by the accused
    and that when the same presented, it was not
    honoured. Since there is a statutory presumption
    of consideration, the burden is on the accused to
    rebut the presumption that the cheque was issued
    not for any debt or other liability.

    21. There is the mandate of presumption of
    consideration in terms of the provisions of the
    Act. The onus shifts to the accused on proof of
    issuance of cheque to rebut the presumption that
    the cheque was issued not for discharge of any
    debt or liability in terms of Section 138 of the Act
    which reads as under:

    “138. Dishonour of cheque for insufficiency, etc.,
    of funds in the account. — Where any cheque
    drawn by a person on an account maintained by
    him with a banker for payment of any amount of
    money to another person from out of that account
    for the discharge, in whole or in part, of any debt
    or other liability, is returned by the bank unpaid,
    either because of the amount of money standing
    to the credit of that account is insufficient to
    honour the cheque or that it exceeds the amount
    arranged to be paid from that account by an
    agreement made with that bank, such person shall
    38 Crl.Appeal No.25296/2025

    be deemed to have committed an offence and
    shall….”

    22. In Kumar Exports, it was held that mere
    denial of existence of debt will not serve any
    purpose but accused may adduce evidence to
    rebut the presumption. This Court held as under:

    “20. The accused in a trial under Section 138 of
    the Act has two options. He can either show that
    consideration and debt did not exist or that under
    the particular circumstances of the case the non-
    existence of consideration and debt is so probable
    that a prudent man ought to suppose that no
    consideration and debt existed. To rebut the
    statutory presumptions an accused is not
    expected to prove his defence beyond reasonable
    doubt as is expected of the complainant in a
    criminal trial. The accused may adduce direct
    evidence to prove that the note in question was
    not supported by consideration and that there
    was no debt or liability to be discharged by him.
    However, the court need not insist in every case
    that the accused should disprove the non-
    existence of consideration and debt by leading
    direct evidence because the existence of negative
    evidence is neither possible nor contemplated. At
    the same time, it is clear that bare denial of the
    passing of the consideration and existence of
    debt, apparently would not serve the purpose of
    the accused. Something which is probable has to
    be brought on record for getting the burden of
    proof shifted to the complainant. To disprove the
    presumptions, the accused should bring on record
    such facts and circumstances, upon consideration
    of which, the court may either believe that the
    consideration and debt did not exist or their non-
    existence was so probable that a prudent man
    would under the circumstances of the case, act
    upon the plea that they did not exist. Apart from
    adducing direct evidence to prove that the note in
    question was not supported by consideration or
    39 Crl.Appeal No.25296/2025

    that he had not incurred any debt or liability, the
    accused may also rely upon circumstantial
    evidence and if the circumstances so relied upon
    are compelling, the burden may likewise shift
    again on to the complainant. The accused may
    also rely upon presumptions of fact, for instance,
    those mentioned in Section 114 of the Evidence
    Act to rebut the presumptions arising under
    Sections 118 and 139 of the Act.” (emphasis
    supplied)

    23. In a judgment reported as Kishan Rao v.
    Shankargouda6
    , this Court referring to Kumar
    Exports and Rangappa returned the following
    findings:

    “22. Another judgment which needs to be looked
    into is Rangappa v. Sri Mohan [Rangappa v. Sri
    Mohan, (2010) 11 SCC 441 : (2010) 4 SCC (Civ)
    477 : (2011) 1 SCC (Cri) 184] . A three-Judge
    Bench of this Court had occasion to examine the
    presumption under Section 139 of the 1881 Act.
    This Court in the aforesaid case has held that in
    the event the accused is able to raise a probable
    defence which creates doubt with regard to the
    existence of a debt or liability, the presumption
    may fail. Following was laid down in paras 26 and
    27: (SCC pp. 453-54) “26. In light of these
    extracts, we are in agreement with the respondent
    claimant that the presumption mandated by
    Section 139 of the Act does indeed include the
    existence of a legally enforceable debt or liability.

    To that extent, the impugned observations in
    Krishna Janardhan Bhat [Krishna Janardhan Bhat
    v. Dattatraya G. Hegde
    , (2008) 4 SCC 54 : (2008) 2
    SCC (Cri) 166], may not be correct. However, this
    does not in any way cast doubt on the correctness
    of the decision in that case since it was based on
    the specific facts and circumstances therein. As
    noted in the citations, this is of course in the
    nature of a rebuttable presumption and it is open
    to the accused to raise a defence wherein the
    40 Crl.Appeal No.25296/2025

    existence of a legally enforceable debt or liability
    can be contested. However, there can be no doubt
    that there is an initial presumption which favours
    the complainant.

    27. Section 139 of the Act is an example of a
    reverse onus clause that has been included in
    furtherance of the legislative objective of
    improving the credibility of negotiable
    instruments. While Section 138 of the Act
    specifies a strong criminal remedy in relation to
    the dishonour of cheques, the rebuttable
    presumption under Section 139 is a device to
    prevent undue delay in the course of litigation.
    However, it must be remembered that the offence
    made punishable by Section 138 can be better
    described as a regulatory offence since the
    bouncing of a cheque is largely in the nature of a
    civil wrong whose impact is usually confined to
    the private parties involved in commercial
    transactions. In such a scenario, the test of
    proportionality should guide the construction and
    interpretation of reverse onus clauses and the
    defendant-accused cannot be expected to
    discharge an unduly high standard of proof.”

    24. In a judgment reported as Bir Singh v. Mukesh
    Kumar7
    , this Court held that presumption under
    Section 139 of the Act is a presumption of law.
    The Court held as under:

    “20. Section 139 introduces an exception to the
    general rule as to the burden of proof and shifts
    the onus on the accused. The presumption under
    Section 139 of the Negotiable Instruments Act is a
    presumption of law, as distinguished from
    presumption of facts. Presumptions are rules of
    evidence and do not conflict with the
    presumption of innocence, which requires the
    prosecution to prove the case against the accused
    beyond reasonable doubt. The obligation on the
    prosecution may be discharged with the help of
    41 Crl.Appeal No.25296/2025

    presumptions of law and presumptions of fact
    unless the accused adduces evidence showing the
    reasonable possibility of the non-existence of the
    presumed fact as held in Hiten P. Dalal [Hiten P.
    Dalal v. Bratindranath Banerjee
    , (2001) 6 SCC 16 :

    2001 SCC (Cri) 960] .

    xxx xxx xxx

    33. A meaningful reading of the provisions of the
    Negotiable Instruments Act including, in
    particular, Sections 20, 87 and 139, makes it
    amply clear that a person who signs a cheque and
    makes it over to the payee remains liable unless
    he adduces evidence to rebut the presumption
    that the cheque had been issued for payment of a
    debt or in discharge of a liability. It is immaterial
    that the cheque may have been filled in by any
    person other than the drawer, if the cheque is
    duly signed by the drawer. If the cheque is
    otherwise valid, the penal provisions of Section
    138
    would be attracted.

    xxx xxx xxx

    36. Even a blank cheque leaf, voluntarily signed
    and handed over by the accused, which is towards
    some payment, would attract presumption under
    Section 139 of the Negotiable Instruments Act, in
    the absence of any cogent evidence to show that
    the cheque was not issued in discharge of a debt.”

    25. In other judgment reported as Rohitbhai
    Jivanlal Patel v. State of Gujarat and Another8

    this Court held as under:

    “18. So far the question of existence of basic
    ingredients for drawing of presumption under
    Sections 118 and 139 the NI Act is concerned,
    apparent it is that the accused- appellant could
    not deny his signature on the cheques in question
    that had been drawn in favour of the complainant
    42 Crl.Appeal No.25296/2025

    on a bank account maintained by the accused for
    a sum of Rs. 3 lakhs each. The said cheques were
    presented to the Bank concerned within the
    period of their validity and were returned unpaid
    for the reason of either the balance being
    insufficient or the account being closed. All the
    basic ingredients of Section 138 as also of
    Sections 118 and 139 are apparent on the face of
    the record. The Trial Court had also consciously
    taken note of these facts and had drawn the
    requisite presumption. Therefore, it is required to
    be presumed that the cheques in question were
    drawn for consideration and the holder of the
    cheques i.e., the complainant received the same
    in discharge of an existing debt. The onus,
    therefore, shifts on the accused-appellant to
    establish a probable defence so as to rebut such a
    presumption.”

    xxx xxx xxx

    20. On the aspects relating to preponderance of
    probabilities, the accused has to bring on record
    such facts and such circumstances which may
    lead the Court to conclude either that the
    consideration did not exist or that its
    nonexistence was so probable that a prudent man
    would, under the circumstances of the case, act
    upon the plea that the consideration did not
    exist. This Court has, time and again, emphasized
    that though there may not be sufficient negative
    evidence which could be brought on record by the
    accused to discharge his burden, yet mere denial
    would not fulfil the requirements of rebuttal as 8
    AIR 2019 SC 1876 envisaged under Section 118
    and 139 of the NI Act…..

    xxx xxx xxx

    32. The result of discussion in the foregoing
    paragraphs is that the major considerations on
    which the Trial Court chose to proceed clearly
    43 Crl.Appeal No.25296/2025

    show its fundamental error of approach where,
    even after drawing the presumption, it had
    proceeded as if the complainant was to prove his
    case beyond reasonable doubt. Such being the
    fundamental flaw on the part of the Trial Court,
    the High Court cannot be said to have acted
    illegally or having exceeded its jurisdiction in
    reversing the judgment of acquittal. As noticed
    hereinabove, in the present matter, the High
    Court has conscientiously and carefully taken
    into consideration the views of the Trial Court
    and after examining the evidence on record as a
    whole, found that the findings of the Trial Court
    are vitiated by perversity. Hence, interference by
    the High Court was inevitable; rather had to be
    made for just and proper decision of the matter.”

    44. To sum up it is noticed that the Accused has
    admitted the impugned cheque at Ex.P1 and also its
    issuance is categorically admitted by him, whereas it is
    contended that complainant collected cheque in the
    police statition and the cheque was issued at the
    instance of Police constable by name Ramareddy but no
    evidence is placed on record by accused in this regard.
    There is absolutely no explanation that why he had kept
    quiet if he had really given the cheque to complainant
    only for the purpose of security without lodging any
    complaint before jurisdictional police about misuse of
    cheque by the complainant. In the entire defence of the
    accused there is no explanation in this regard. The same
    shows that the accused has not taken defence which is
    certain and which is probable and as such the Accused
    44 Crl.Appeal No.25296/2025

    has failed to rebut the presumption. For all above
    reasons, I hold that, the complainant has duly proved
    that the cheque at Ex. P1 is issued towards discharge of
    lawful liability. Once this conclusion is reached and
    when there are no technical defects in the complainant
    and all the conditions of section 138 of NI Act are
    complied it follows that the learned magistrate came to
    the correct conclusion in holding that the accused has
    committed the offence under section 138 of NI Act. The
    total value of the cheque is Rs.9 lakhs but under section
    138
    of NI Act, the Learned magistrate can impose
    sentence of upto twice the cheque amount and
    considering the facts and circumstances of the case, the
    learned magistrate was perfectly justified in imposing the
    fine of Rs.13,50,000/- and therefore, the impugned
    judgment and sentence does not call for interference.
    Accordingly, none of the grounds raised in the appeal
    memorandum, deserve acceptance. I have already held
    supra for the detailed reasons discussed that, the
    learned magistrate came to the correct conclusion in
    convicting the appellant and sentencing him as afore
    stated. Accordingly, for all these reasons, I answered
    Point Nos.1 and 2 in the Negative.

    45 Crl.Appeal No.25296/2025

    45. Point No.3: In view of the findings on the
    above points the appeal filed by the Appellant deserves to
    be dismissed. Accordingly, I proceed to pass the
    following:-

    ORDER

    The appeal filed by the Appellant
    u/sec.374 (3) of Cr.P.C., r/w sec.415(3) of
    BNSS is hereby dismissed with costs.

    The Judgment of conviction passed by
    the Learned XXXIII ACJM Bengaluru, in
    CC.No.54676/2020, dtd. 10.07.2025, is
    hereby confirmed.

    Send back the records with a copy of
    this Judgment to the Trial Court.

    (Dictated to the Stenographer, typed by her, corrected, signed and
    then pronounced by me, in the open court on this the 18 th day of
    June 2026.)
    Digitally signed by
    ANITHA
    ANITHA NANJANAGUDU
    NANJANAGUDU PARASHIVAMURTHY
    PARASHIVAMURTHY
    Date: 2026.07.06
    15:08:39 +0530

    [Smt. Anitha N.P]
    LXXIII Addl.City Civil & Sessions
    Judge, Bengaluru. (CCH-74).



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