Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Appeal against acquittal—Defence of the accused that her signed blank cheques were stolen or misplaced from her shop—Fact of stolen or misplaced cheques was intimated to the bank and thereafter she closed her account—Accused also informed to the police regarding loss and theft of her signed cheques/cheque book from her shop—No whisper in the complaint so also in the examination-in-chief of complainant that on which date or in month he advanced the alleged friendly loan to accused—Accused has rebutted the statutory presumptions by leading cogent evidence—Taking into consideration the defence put forth by accused, it can be inferred that complainant might have misused the lost or stolen cheques while initially issuing statutory notice and subsequently lodging the complaint—Complainant has failed to establish the basic fact that, the cheque in question was issued by accused to discharge her legally enforceable liability and/or debt due and payable to the complainant—Appeal dismissed.
[Paras 9 & 10]