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2019 (2) TMI 1941 - HC - Indian LawsDishonor of Cheque - Suit for realization of money - rebuttal of presumption - It is the definite case of the plaintiffs that Ext. A1 cheque was issued by the defendant to Ramachandran in discharge of a liability - HELD THAT:- It has come out in evidence that the proceedings under Section 138 of the N.I. Act was initiated against the defendant at the instance of the plaintiffs as C.C. No. 1500 of 1996 before the Judicial First Class Magistrate Court, Koyilandy. At the time of examining the defendant (accused in that case) under Section 313 of Cr.P.C., he has practically admitted that the statement given by the Bank Manager that signature seen on Ext. A1 is that of the defendant's own signature. This admission in a judicial proceedings by the defendant is a relevant piece of evidence. The defendant has not tried to explain away the admission in a manner known to law. Therefore, appreciation of evidence by the court below cannot be said to be proper in this case. The court below had wrongly dismissed the suit - Appeal allowed.
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