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2022 (7) TMI 515 - SIKKIM HIGH COURTDishonor of Cheque - insufficiency of funds - legally valid debt or liability existed against the Petitioner towards R1 or not - failure to rebut the presumption as enshrined in Section 139 of the NI Act - HELD THAT:- The existence of an agreement between the parties has also not been denied. The issuance of the cheques as partial payment towards the terms of the agreement has also not been denied. The evidence of the Complainant stating that the two cheques were towards discharge of a legal liability has not been demolished under cross-examination. Hence, it is evident that Exhibits 1 and 2 were issued by the Petitioner in the discharge of a legal liability. The Agreement was subsisting between the parties in view of Section 4 of the Contract Act and considering the date of posting of Notice Exhibit 11 by the R1 to the Petitioner and the fact that it was received by the Petitioner only on 08-02-2018. The impugned judgement requires no interference - petition disposed off.
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