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2017 (10) TMI 87 - HIMACHAL PRADESH HIGH COURTOffence punishable under Section 138 of the Negotiable Instruments Act - dishonor of cheques - Held that:- The accused has failed to prove that the cheque was not issued for a consideration. It is proved on record that the accused has utilized the money of the complainant to the extent of cheque, he has issued the cheque to the complainant towards repayment and it is for the consideration. After going through the facts of the present case, this Court finds that the accused has failed to rebut the initial presumption in favour of the complainant, as the cheque was issued towards the repayment of money, the accused has withdrawn from the account of the complainant. So, this Court comes to the conclusion that initially presumption in favour of the complainant that it was issued for consideration towards the payment of money, which the accused was liable to pay the complainant, is not rebutted. Complainant has proved its case beyond the shadow of reasonable doubt. Now, coming to the arguments of learned Senior counsel appearing on behalf of the accused that as the complainant has also maintained a suit for the recovery of this amount, which was dismissed in default and so, the complaint requires dismissal. This Court finds that no substance in the arguments of learned Senior Counsel for the accused that the complainant should enforce has a right by way of civil litigation, the complainant has proved its case beyond the shadow of reasonable doubt. This Court finds that no force in the arguments of learned Senior Counsel for the accused. The petition maintained by the petitioner is without any merit, as the complainant has proved its case beyond the shadow of reasonable doubt. The cheque was issued for consideration, so the judgment of conviction passed by the learned Trial Court and affirmed by the learned lower Appellate Court, needs no interference. The present revision petition, which sans merits, deserves dismissal and is accordingly dismissed.
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