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2019 (11) TMI 370 - HC - Indian LawsDishonor of cheque - alleged procurement of cheque by coercion - offence punishable under Section 138 of Negotiable Instruments Act - rebuttal of Statutory presumption - HELD THAT:- In the case at hand, probable defence with regard to procurement of cheque by creating Police pressure appears to have been taken very casually because, if statement of the accused recorded under S.313 CrPC is read in its entirety, it is/was none of the case of the accused that he issued cheque under Police pressure, but even if such defence is tested on the touchstone of the evidence led on record by respective parties, same deserves outright rejection. In the case at hand, careful perusal of the complaint filed by complainant under S.138 clearly suggests that she set up a case that she paid ₹ 2.00 Lakh to Brahmi Devi in lieu of agreement to sell but when she failed to execute the sale deed, affidavits came to be sworn in by Brahmi Devi, Pawan Kumar and Ram Rattan, to the effect that they would pay ₹ 2.00 Lakh to the complainant. No suggestion worth the name ever came to be put to the complainant in her cross-examination that the cheque was issued under the pressure of the Police and accused had never executed affidavit undertaking therein to pay sum of ₹ 2.00 Lakh. In the case at hand, accused has not been able to rebut the statutory presumption under Ss.118 and 139 of the Act in favour of holder of cheque i.e. complainant and as such, there appears to be no illegality or infirmity in the judgments/order of conviction and sentence passed by learned Courts below. All the ingredients of S.138 of the Act stand duly proved in the case at hand, as such, this Court finds no occasion to interfere with the judgments/order of conviction and sentence recorded by learned Courts below, as such, same deserve to be upheld. The petition at hand is dismissed being devoid of merit.
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