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2019 (4) TMI 1984 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - accused has failed to rebut the presumption - statutory presumption under Sections 118 and 139 of Negotiable Instruments Act ignored - HELD THAT:- The presumption under Section 139 of Negotiable Instruments Act is a rebuttal presumption and such rebuttal need not be beyond any reasonable doubt even preponderance of probability is sufficient. When the facts of the case is looked upon, whether the drawer of the cheque has rebutted the presumption with any degree of probability, it is found that except the reply notice and his oral evidence, there is no material to indicate that he and the complainant were in long association and he had trusted the complainant to the extent of leaving his belongings at his house including signed cheque leaves. When the accused has initially denied the signature in the cheque, he should have at least placed some material to substantiate his defence - As far as the loss of cheque leaves, it is the case of the complainant that after 2011 election he and the complainant were fallen out. If it is so, the cheques should have been taken away by the complainant before the year 2011, whereas the cheque is dated 01.10.2012. Therefore, from May 2011 i.e., the general election till October 2012, the accused has not given any police complaint or directed the bank to stop the payment. Therefore, both the defence taken by the complainant is only an afterthought and mere denial. Considering the length of time taken for disposal of this matter and the nature of the transaction and relationship between the complainant and the accused, this Court is of the view that the sentence imposed on the respondent is liable to be modified - the period of imprisonment imposed by the trial Court is modified from one year Simple Imprisonment to two months Simple Imprisonment. The compensation amount stands unaltered - Appeal allowed.
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