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2015 (10) TMI 2841 - CALCUTTA HIGH COURTDishonour of Cheque - acquittal of the accused - discharge of any debt or other liability - rebuttal of presumptions - Whether the transactions in question were simple lending of money for which the appellant/complainant had no valid licence and hence the provisions of Section 138 or 139 of the N.I. Act is not attracted in the case? HELD THAT:- There cannot be any dispute to the fact that the presumptions both in Section 118 and 139 of the N.I. Act are rebuttable presumptions. In the present case the only point for rebuttable of such presumptions for the respondents/accused is that the transactions in question are illegal transactions as the appellant/complainant has no money-lending licence. As held earlier, lending money without having a money-lending licence itself is not prohibited under the Bengal Money-Lender's Act, 1940. So, the presumptions in favour of the appellant/complainant stand unrebutted. The respondents/accused cannot, therefore, escape from the liability under Section 138 of the N.I. Act, especially when there is no denial of the fact that the respondents/accused issued the cheques in question which were dishonoured due to insufficient fund in the account of the respondents/accused. The order passed by the learned Metropolitan Magistrate, 6th Court, Calcutta on 29.06.2013 in case No. C-15450/2011 acquitting the respondents/accused is hereby set aside. All the respondents/accused are found guilty of the offence under Section 138 of the N.I. Act and all the respondents/accused are convicted accordingly. All the respondents/accused are found guilty of the offence under Section 138 of the N.I. Act. Respondents/accused number 2 and 3, namely, Mahendra Kumar Patni and Anjani Kumar Shahi are sentenced to suffer Simple Imprisonment for six months each. They are also directed to pay compensation to the appellant/complainant under Section 357(3) of the Code of Criminal Procedure @ rupees 50,00,000.00 (rupees fifty lakh only) each, in default, they will suffer Simple Imprisonment for two months more. The respondents/accused company, i.e., respondent number 1 is also directed to pay compensation to the appellant/complainant for an amount of rupees 2,50,00,000.00 (rupees two crore and fifty lakh only) under Section 357(3) of the Code of Criminal Procedure within two months from this date failing which the amount would be realised from the company according to the provisions in law. Appeal allowed.
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