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2020 (2) TMI 1581 - MADRAS HIGH COURTDishonor of Cheque - allegation is that the signature found in the subject cheque differs with signature of petitioner - complainant has source of income to lend such a huge amount, or not - subject cheque was stolen by the complainant or not - HELD THAT:- The Trial Court has held that the accused has not chosen to get expert opinion and merely alleged that his signature was forged and thus, he failed to discharge his burden of disproving the case of the complainant. It is also held that since there is no complaint given by the accused for the theft of cheque, the allegation of stealing the cheque has no legs to stand. The Trial Court further held that the accused failed to disprove the allegation that the complainant has no source of income to lend the money. Further, taking into account the failure of the accused to give reply to the statutory notice, the trial Court rightly concluded that the respondent/complainant proved the legally enforceable debt or liability, whereas the petitioner/accused failed to rebut the presumption under Section 139 of the Act - the trial Court, keeping in mind the evidence available on record and also considering the decided cases, convicted the petitioner/accused and sentenced him for the offence under Section 138 of the Act. This Court finds no reason much less valid reason to interfere with the concurrent findings so rendered by the Courts below. Further, it is settled law that while exercising revisional jurisdiction, this Court cannot re-appreciate the evidence like a Court of appeal, unless it is shown that the findings on facts arrived at by the Courts below are on the face on it perverse. The trial Court is directed to secure the petitioner/accused and commit him in prison to undergo the remaining period of sentence, if any. If any amount has been deposited by the accused either in the appellate Court or in the trial Court in connection with this case, the same shall be disbursed with accrued interest to the complainant or to her legal heirs, as the case may be - revision dismissed.
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