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2022 (9) TMI 1116 - CALCUTTA HIGH COURTDishonor of Cheque - legally enforceable - cheque received through third party - acquittal of the accused - rebuttal of presumption - section 138 and 139 of NI Act - HELD THAT:- It appears from the available document, Exhibit-E that the vehicle in question was registered in the name of Tinkori Mandal on 6th August, 2003 and the vehicle was acquired on hire purchase with the financial assistance from Malda Co-operative Agricultural Bank Limited. In absence of any document establishing the nexus between A.B. Construction and Mourya Finance Company Limited, the appellant/complainant has failed to prove that A.B. Construction or Ajay Basu had any obligation to pay to appellant any money and chaque in question was given in discharge of such obligation. On the contrary, accused/respondent was successful in rebutting the presumption arising out of the provision of Section 139 of the Negotiable Instrument Act. The appellant being the complainant had failed to establish by cogent evidence that the accused/respondent issued the cheque in favour of the complainant in discharge of his liability to pay debt otherwise legally enforceable rather it is established that the cheque was received from Ajit Sinha. The impugned judgement passed by learned Trial Court does not warrant any interference - appeal against order of acquittal merits no consideration and dismissed.
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