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2018 (8) TMI 1234 - HC - Indian LawsDishonor of cheque for want of funds - Offences u/s 138 of The Negotiable Instruments Act - It is the specific case of the private complainant namely Sree Guruvayurappan Investments that the respondent herein has borrowed a sum of ₹ 2,85,000/- on 24.04.2004 and agreed to repay the said amount with interest at 36% p.a., and executed a promissory note - Held that:- The Trial Court has come to the right conclusion that the respondent has successfully rebutted the presumption and same is hereby confirmed. The standard of proof that is required to discharge the onus of proofs, on the accused is not as that of the prosecution and the standard of evidence that is to be adduced by the defendant to rebut the presumption under Section 139 of the Negotiable Instruments Act is that of the preponderance of the probability either through direct or circumstantial evidence. For the said purpose, the learned counsel for the respondent/accused also relied upon the evidence adduced by the complainant. The Trial Court has rightly come to the conclusion that the respondent has not issued the cheque in question for any legally enforceable debt. Accordingly, the trial Court has acquitted the accused. The said order does not require any interference and the same is hereby confirmed - Criminal appeal dismissed.
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