Criminal Lawyer: Mere earlier presentment of later series cheque than the dishonoured cheque of prior series, does not show that the blank cheque was issued; SC.

Supreme Court of India

Justice R. Banumathi and Justice A.S. Bopanna

The SC sets aside the concurrent findings of the HC and lower court, and convicted the accused for offence u/s 138 NI Act. It was held that the evidence adduced by the respondent-accused is not sufficient to rebut the presumption raised under Section 139 of the Act. It was further held that the defence of the respondent that though he made payment for the commodities/rice bags, the blank cheques were not returned by the appellant-complainant is quite unbelievable and unacceptable. It was held that the impugned judgment of the High Court cannot be sustained and was set aside. The respondent-accused was convicted under Section 138 of the Negotiable Instruments Act by the SC.

It was held by the SC {M/S SHREE DANESHWARI TRADERS v. SANJAY JAIN AND ANOTHER} that the courts below did not keep in view that the appellant has no control over the manner of issuance of cheques by the respondent and how it was issued. Merely because, later cheque No.2497 was said to have been issued by the respondent at an earlier date i.e. 08.08.2003, it cannot be held that the complainant had used the blank cheques issued by the respondent.