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2019 (3) TMI 843 - DELHI HIGH COURTDishonor of Cheque - section 138 of NI Act - shortage of money - rebuttal of presumption - Held that:- The Appellate Court has held that respondent has been able to rebut the presumption that arises under Section 118 of the N.I. Act. Petitioner has thereafter failed to prove beyond reasonable doubt that he had given the loan to the respondent and the cheque was issued for repayment of the said loan - Finding of the Appellate Court that the petitioner has not shown the source of funds or that he had the capacity to make arrangement of a huge sum of ₹ 4,90,000/- and extend the same as a friendly loan for someone who was barely known to him, is neither perverse nor unreasonable. Perusal of the record shows that the respondent has been able to rebut the statutory presumption. The petitioner has not been able to establish that he had the capacity to extend a friendly loan of ₹ 4,90,000/- without any condition and that such a loan was extended and was to be repaid and the subject cheque was issued for repayment of the loan - petition dismissed.
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