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34. Sanjabij Tari vs. Kishore S. Borcar & Anr.
2025 INSC 1158
September 25, 2025
Dishonour of Cheque – Presumptions of Financial Capacity – Probation allowed for offenders - There is no legal bar to granting probation in Section 138 cases – Not a serious criminal offence. [S. 118 and 139 Negotiable Instruments Act, 1881 (NI Act) S. 269SS of the Income Tax Act, 1961]
FACTS
The Appellant - Complainant, Sanjabij Tari, alleged that he had advanced a friendly loan to Respondent No. 1 - Accused and towards the repayment of the said loan, Respondent No. 1 issued a cheque which, on presentation, was dishonoured due to insufficiency of funds. The Trial Court held that Respondent No. 1 had admitted his signature on the cheque, and the statutory presumption under Sections 118 and 139 of the NI Act stood unrebutted and accordingly found Respondent No.1 guilty under Section 138 of the NI Act. On Appeal, the Appellate Court rejected the contention of Respondent No. 1 that the Appellant had no means to advance such a loan and accordingly dismissed the Appeal and upheld the conviction. In a Revision Petition, the High Court acquitted Respondent No. 1 ex parte, holding that the Appellan
