Sunday, 26 May 2019

Whether court in cheque dishonour case can infer that there was no legal liability of accused by making calculations?

The trial Court also calculated the payments alleged to have been made by the respondent and upon adding the amount realized by selling of the vehicle, a finding was rendered that the respondent had repaid a specific amount to the appellant. While undertaking the said exercise, the trial Court took into account submission made by the Counsel on behalf of the respondent regarding the amount of loan disbursed. As noted above, the respondent did not adduce any oral or documentary evidence to counter the evidence led on behalf of the appellant. In these circumstances, the trial Court proceeded on the basis of statements made on behalf of the respondent to find the amount of down payment made by the respondent, adding value of shares and other aspects to calculate the amount that could have been due from the respondent. In the absence of any effort made by the respondent to adduce oral or documentary evidence to support his claim, in the backdrop of the presumption operating against him, the trial Court could not have indulged in making such calculations, in order to conclude that there was no legal debt or liability to be discharged by the respondent.

15. It was for the respondent to have rebutted the presumption on the touchstone of preponderance of probabilities. The respondent could not have emphasized on sale of the vehicle and the alleged procedural illegalities committed by the respondent while selling the vehicle at an allegedly lower price. 

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Cri Appeal No. 292 of 2017

Decided On: 16.08.2018

Dharampeth Mahila Urban Credit Co-Operative Society Ltd.
Vs.  Rambahadur and Ors.


Hon'ble Judges/Coram:
Manish Pitale, J.

Citation: 2019(2) MHLJ 621
Read full judgment here: Click here.
Print Page

No comments:

Post a comment