KERALA HIGH COURT ACQUITTED ACCUSED: COMPLAINANT FAILED TO PROVE CHEQUE WAS ISSUED AGAINST LEGALLY ENFORCEABLE DEBT [CHEQUE DISHONOUR]

The Kerala High Court in the case Rahiya v. Jasna and ors. observed and has held that the complainant under the Negotiable Instruments Act cannot rely on the presumption that the holder of a negotiable instrument has paid consideration for it when the claim of him is inconsistent.

The court in the case upheld the acquittal of the accused wherein the court noted that the complainant in the matter had failed to prove that the cheque had been issued in lieu of legally enforceable debt when called upon to do so by the trial court, due to suspicious circumstances surrounding the consideration for the negotiable instrument.

The bench headed by Justice K Babu in the case observed that the accused could discharge her initial onus of proof showing that the existence of consideration was doubtful. Thus, the onus now shifted to the complainant, who is obliged to prove it as a matter of fact.

In the present case, the appellant had filed a complaint wherein it alleged an offence as stated Section 138 of the Negotiable Instruments Act against the accused/respondent.