SCARIA ALEXANDER Vs. BONIFACE

JUDGEMENT

(1.) Leave granted.

(2.) The question which arises for consideration in this appeal filed by the appellant, who was charged for commission of an offence u/s. 138 of the Negotiable Instruments Act, is as to whether the Cheques in question issued for a sum of Rs. 3,20,000.00 were in discharge of a debt or not. The contention of the learned Counsel appearing on behalf of the appellant is that the agreement of sale purported to have been entered into by and between the parties hereto were in respect of Government lands and in respect whereof the complainant had no title. Although, such a plea appears to have been taken before the trial Judge as also the Appellate Court, the same had been negatived. Furthermore, the said plea had not been raised before the High Court. The only contention which was raised before the High Court was that the liability had subsequently been discharged. Learned Counsel for the appellant furthermore contends that Exhibits P1 to P9 had not been satisfactorily proved. The High Court, in our opinion, rightly had proceeded on the basis that the burden was on the accused to show that the Cheques in question had not been issued in discharge of his debt in terms of sec. 139 of the Negotiable Instruments Act. We, therefore, do not find any merit in this appeal. The appeal is dismissed accordingly.

(3.) The appellant may deposit the amount of compensation as directed by the High Court within three months from the date of receipt of copy of this order failing which appropriate steps may be taken by the courts concerned.