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2017 (8) TMI 82 - HC - Indian LawsProof of legally enforceable liability - offence under Section 138 of the Negotiable Instrument Act - Held that:- The petitioner has rebutted the presumption under Section 139 of the Negotiable Instrument Act by raising a probable defence which creates a doubt about the existence of a legally enforceable debt or liability. On the other hand, the respondent failed to prove the existence of the legally enforceable debt by acceptable evidence, both the Courts below without considering the case in a proper perspective, has convicted the petitioner. In the above circumstances, the judgment of the Courts below are liable to be set aside. and the petitioner is entitled for acquittal. In the result, the criminal revision case is allowed. The conviction and sentence imposed on the petitioner by the Principal District Court confirming the Judgment passed by the learned Judicial Magistrate is hereby set aside and the petitioner is entitled for acquittal and bail bond, if any, executed by him shall stand cancelled and the fine amount paid by him is ordered to be refunded forthwith.
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