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2021 (6) TMI 221 - HC - Indian LawsDishonor of Cheque - rebuttal of presumption - defence of the accused is that the impugned pronote and cheque were given to the complainant only towards security for loan advanced by one of his friends, which has been misused by the complainant - HELD THAT:- The complainant has proved his case by letting in cogent evidence. Whereas, the accused has failed to rebut the presumption u/s.139 of N.I.Act to prove his case. In this case, though the accused had accepted the signature in the disputed cheque and the pronote, it is the case of the accused in defence that no consideration has been passed based on the Ex.P1 & Ex.P2 and that the complainant had not proved the passing of consideration by adducing sufficient evidence and that the complainant had also not proved that he had sufficient sources of income to lend the loan amount of ₹ 2,00,000/- as alleged in the complaint and that the attester of the pronote has not been examined. The statutory presumptions u/s.118 and 139 of N.I.Act make it clear that the burden is not on the complainant to prove his case, whereas, the burden is on the accused to prove his case. In this case, as stated above that the complainant has proved his case by letting in sufficient evidence, however, the accused having admitted the signatures in the pronote and the cheque has not let in any evidence in rebuttal. The Appellate Court while confirming the conviction, modified the sentence to six months instead of one year as imposed by the trial Court and as far as awarding of compensation is concerned, the same was confirmed. This Court finds no infirmity or illegality in the judgments passed by the Courts below - Revision dismissed.
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