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2016 (4) TMI 1423 - HC - Indian LawsDishonor of Cheque - legality while assessing the evidence placed on record in regard to the rebuttal of presumption available under Section 118(a) and 139 of the N.I. Act - HELD THAT:- Taking into consideration, the entire evidence of PW-1, it can be said that the accused is able to probablise his defence that the cheque marked as Ex. P2 was not issued for availing Rs. 4.6 lakhs and that the same was issued as security for the said sum of Rs. 1.9 lakhs availed by her. Viewed from any angle, both the Courts have not critically evaluated the evidence placed on record and they have committed serious illegality in appreciating the evidence placed on record - Both the Courts have attached too much of importance to the presumption available under Sections 118 and 139 of N.I. Act without looking to the categorical admission elicited from the mouth of PW-1. These important admissions could not have been so easily brushed aside by both the Courts. Absolute interference is called for and the judgment of conviction and sentence passed by the trial Court and affirmed by the First Appellate Court are to be set aside and consequently, accused is acquitted for the offences alleged against her. The illegality so committed by both the Courts is writ large and hence revisional jurisdiction vested under Section 397 of Cr.P.C. is to be invoked. Revision petition is allowed.
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