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2019 (7) TMI 1982 - HC - Indian LawsDishonour of Cheque - insufficient funds - discharge of legally enforceable debt or not - rebuttal of presumption u/s 139 of NI Act - HELD THAT:- In the present case, signature on the cheque is not denied by the applicant, due to which presumption shall be raised that cheque was issued in discharge of any debt or liability, however, complainant claims that he advanced loan amount of Rs.2.20 Lacs to the applicant. According to the complainant, he is working a recovery agent in State Bank of India. In his cross-examination, he accepted that he got Rs. 5,000/- per month as salary and now he is getting Rs.8,000/- per month. He also admitted that he is not income-tax payee. Therefore, it is clear that at the time of transaction, the complainant was not having financial capacity to lending amount of Rs.2.20 Lacs to the applicant, hence, the complainant has failed to prove that he was having financial capacity to lend Rs. 2.20 lacs as loan amount to the applicant and the applicant/accused successfully rebutted the presumption under Section 139 of the Negotiable Instruments Act, 1881 and has raised probable defence. This Court is of the considered view that the courts' below have committed error in holding that the applicant has issued the cheque in question for discharge of any legal debt or liability - the impugned judgments passed by the Courts below are hereby set aside - revision petition allowed.
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