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2021 (5) TMI 463 - HC - Indian LawsDishonor of Cheque - acquittal of the accused - cheques issued towards discharge of legally enforceable debt or not? - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- The amount spent by the complainant was not shown in his income tax returns. As such, the trial Court had rightly held that it creates a doubt regarding the financial position of the appellant and if he really spent that much amount, there must be record for him for withdrawal of amount from his bank account and spending the same. After receiving the notice, dated 27.10.2016, the complainant had filled up the cheques and presented the same on 01.11.2016. Therefore, the trial Court has rightly held that the accused was successful to rebut the presumption available to her under Section 139 of Negotiable Instruments Act and concluded that the evidence placed on record by the complainant is not sufficient to prove the case against the accused beyond all reasonable doubt and accordingly acquitted her. The trial Court was perfectly justified in acquitting the 1st respondent/accused and the citations relied upon by the learned Counsel for the complainant are not applicable to the facts of the present case - Appeal dismissed.
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