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2018 (12) TMI 1903 - HC - Indian LawsDishonor of Cheque - acquittal of accused - rebuttal of presumption - Legally enforceable debt - defence of the accused is that said cheque was issued for security in a previous loan transaction, however, the same was misused by the complainant - Section 138 of the N.I. Act - HELD THAT:- In the absence of any other material, merely because the proforma date on the cheque leaf shown the same to be of the decade 1990 by that itself it cannot be concluded that the cheque was issued in the said decade, but not the written date mentioned upon it. Further, it is also not the case of the accused that the cheque issued in 1990s cannot be used in the year 2007 by the customer. Consequently, the cheque in question has been dishonoured with the shara "since account stands closed" would not entitle the accused to claim that guilt against him for the offence punishable under Section 138 of the N.I. Act, has not been proved. Since the trial Court without appreciating the materials placed before it in its proper perspective, has erroneously held that the complainant has failed to prove his capacity to lend and which finding has led the trial Court in pronouncing the judgment of acquittal, the same deserves to be set aside and has to be held that the complainant has proved beyond reasonable doubt that the accused has committed the offence punishable under Section 138 of the N.I. Act. The judgment of acquittal is set aside - appeal allowed.
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