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2019 (3) TMI 1209 - HC - Indian LawsDishonor of Cheque - repayment of borrowed loan - case of petitioner is that he never borrowed any amount much less the sum of ₹ 1,25,000/- from the complainant - presumption under Section 139 of the Negotiable Instruments Act - Held that:- This Court finds that the private complainant by his oral evidence in P.W.1 coupled with the documentary evidence of Exs.P.1 to P.8 and taking into account the fact that the accused has not disputed the signature in the cheque, both the Courts below have rightly come to the conclusion that he is entitled for a presumption under Section 139 of the Negotiable Instruments Act. Though the revision petitioner / accused has taken several grounds, he failed to probabilise his suggestive case. However, for the reasons recorded in the preceding paragraphs, in the absence of any positive evidence to indicate that the accused alone has actually travelled on the date and using the tickets travelled Thakkalay and come back to Thanjavur, the plea of alibi on the date of issuance has not been proved in the manner known to law. The finding of the Lower Appellate Court that the revision petitioner / accused miserably failed to probabilise the suggestive case being well considered and well merited does not warrant any interference by this Court at this revisional stage and accordingly, this Court holds that the revision petitioner / accused having failed to probabilised his suggestive case, there is no merit in this Revision Case. Criminal Revision Case is dismissed.
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