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2018 (9) TMI 1523 - HC - Indian LawsDishonor of Cheque - recovery of loan - Section 139 of the Negotiable Instruments Act, 1881 - decree was passed in favor of the respondent / plaintiff on the basis of presumption of the cheque having been given in discharge of antecedent liability - It is argued that on the basis of the said presumption alone, the suit of the respondent / plaintiff against the appellant / defendant for recovery of money on the basis of a cheque for the suit amount, could not have been decreed. Held that:- If there is even little evidence on the basis of which the last Court of Facts has decided, the Second Appellate Court cannot, by labelling the judgment of the First Appellate Court as perverse, seize jurisdiction over matters of fact. Om Prakash, when summoned as a witness by the appellant / defendant, thus could not be expected to incriminate himself by admitting operating a ‘committee’ or by admitting that the respondent / plaintiff had at the contemporaneous time of loan received money from the ‘committee’. The evidence of Om Prakash thus does not rebut the presumption, even if the test of proportionality is applied. This Second Appeal does not entail any substantial question of law and has no merit to be heard further - appeal dismissed.
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