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2019 (1) TMI 1774 - HC - Indian LawsDishonor of cheque - rebuttal of presumption - whether presumption is said to be rebutted by the accused and whether the trial Court was right in giving benefit to the accused? - HELD THAT:- The accused failed to rebut the presumption under Section 139 of the N.I. Act. The complainant succeeds in proving issuance of cheque by the complainant for discharge of debt of ₹ 35,000/- towards complainant. I conclude that there is a failure on the part of the complainant to pay ₹ 35,000/- within 15 days of receipt of notice on the background of dishonour of cheque. Hence, complainant succeeded in proving commission of offence under Section 138 of the N.I. Act by the accused. There are 3 kinds of punishments laid down under Section 138 of the N.I. Act. There can either be imprisonment or there can only be fine. There can also be combination of both - the accused is fined ₹ 40,000/-, out of which ₹ 35,000/- be paid to the complainant towards compensation - Imprisonment can be imposed if fine amount is not paid within reasonable period. Appeal allowed.
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