The burden of proving the case rests with the appellant when a check is returned due to a different signature is upheld by the Madras High Court in the case of S. Ashok Kumar v. S. Boopal through Justice P. Velmurugan.
FACTS OF THE CASE
A case involving a violation of Section 138 of the Negotiable Instruments Act filed in this case. An alleged violation of Section 138 of the Negotiable Instruments Act, 1881, was the subject of a complaint. The respondent was found guilty of an offence under Section 138 of the NI Act by a judicial magistrate.
The argument put up by the appellant was that the respondent had borrowed Rs 90,000 from him and, in order to pay back the loan, had issued a check, which the bank returned with the endorsement “drawers signatures different.”
Bench noted that in response to the appellant’s statutory notice, the respondent claimed to have disputed the execution of the check. Another key element was that the appellant failed to establish that they had conducted business with the respondent.
The High Court stated that the burden of proving the case rests with the appellant when a check is returned due to a different signature. If the appellant has not demonstrated this, the presumption under Sections 118 and 139 of the Negotiable Instruments Act can be drawn, and the accused must disprove the presumption that there is no legally binding contract.
As a result, in the current case, the complainant was unable to prove that the respondent had cashed the check and borrowed money. As a result, the court did not find any perversity in the appeal court’s ruling, and the bench did not discover any compelling reasons or circumstances that warranted overturning the conviction.
Given the aforementioned information, the criminal appeal was rejected.
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JUDGEMENT REVIEWED BY NISHTHA GARHWAL