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2018 (8) TMI 1235 - HC - Indian LawsDishonor of cheque due to stop-payment - Section 138 of Negotiable Instruments Act - The case of the accused is that he never issued any cheques and he had no legal enforceable debt to issue cheques in favor of the complainant - rebutting of presumption under Section 138 of Negotiable Instruments Act - Held that:- Once the accused rebutted the presumption under Section 138 of Negotiable Instruments Act, the complainant is liable to prove his case. The complainant failed to prove his case. Since, the cheques were returned on the request for stop payment and the said stop payment was not issued by the accused. The complainant did not prove the case as alleged by him. Further, the statutory notice Ex.P.4 was admittedly returned without serving on the accused. It is seen from the notice that the amount mentioned as 2,50,000/-, whereas the total cheque amount is 3,50,000/-. That apart, the said notice was returned for the reason no proper address, no door number and no street name . Therefore, the statutory notice was not at all sent to the proper address. This Court is of the considered opinion that the complainant did not fulfil the requirements under Section 138 of Negotiable Instruments Act. Therefore, the trial Court after considering the entire evidence and facts and circumstances of the case, has rightly acquitted the accused and the judgment passed by the the Judicial Magistrate No.I, Gobichettipalayam does not warrant any interference from this Court - Criminal appeal dismissed.
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