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2017 (6) TMI 1375 - HC - Indian LawsDishonor of Cheque - rebuttal of statutory presumption - discharge of burden to prove - acquittal of accused - main contention of the revision petitioner is that there was a business transaction between him and the respondent/complainant and he has given a signed blank cheque to the respondent for the business transaction and the same has been misused by the complainant and filed a false case against him - HELD THAT:- The signature of the cheque was not in dispute. The letters written in words, figures and date of the cheque were written in bold letters, whereas the name of the complainant was written in different hand writing. This fact also create serious doubt about the transaction. If really the accused has issued the cheque in the name of the complainant on the same day, the style of handwriting must be one and the same in all aspects. Whereas the accused has written the complainant name in different hand writing and filling up other columns in other hand writing also highly improbable and in fact, the same creates serious doubt about the issuance of the cheque by the accused to the complainant at the relevant time. When these materials more than probable from the admission of P.W. 1 and materials, the burden is shifted on the complainant to establish that the cheque is supported by valid consideration. But the material documents and the cross examination of the complainant clearly indicates that she has not discharged her burden as prescribed in law. This Court after scanning the entire evidence of P.W. 1 as discussed above, have serious doubt about the legally enforceable debt. From the admissions of P.W. 1 in the cross examination, the legal presumption attached to the cheque has been dislodged by the accused. The burden shifted on the complainant to establish the consideration has not been proved in the manner known to law. Therefore, the legally enforceable debt cannot be inferred merely on the cheque. Hence, this Court is of the view that the findings of the Court below has to be interfered with and the same is interfered. The revision case is allowed - the revision petitioner/accused is acquitted from the charges.
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