Negotiable Instruments Act, 1881–Sec. 138–Acquittal by High Court–Justification–Neither the cheque nor the signatures thereon were disputed–Presumption u/s. 139 would be operated–Accused failed to disprove the existence of any legal liability or debt–Further, the cheque was dishonoured
due to instruction of stop payment–This implies that the accused had the knowledge of the cheque being presented in the bank–No conclusive proof to show that the cheque was issued in the year 1999–Accused failed to prove that the debt was of the year 1999–Further, he failed to disprove that the loan was taken in year 2006–Held, impugned acquittal recorded by High Court deserves to be set aside.
