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2021 (7) TMI 340 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - failure to repay the money despite receiving demand notice - mechanical statement without verification of documents - HELD THAT:- The impugned cheque for a sum of ₹ 2,00,000/- was issued by the accused in favour of the complainant which was presented by the complainant to his banker i.e. SBI for encashment and crediting the same in his account. The said cheque was sent to Tripura Gramin Bank from SBI for collection. But the cheque was bounced from the Tripura Gramin Bank on which it was drawn for insufficiency of fund in the account of the accused. It also stands proved that the complainant issued statutory demand notice to the accused which was received by him and despite receipt of the notice, the accused did not pay the loan of the said amount of ₹ 2,00,000/- to the complainant. Eventually the complainant lodged the complaint in the court of the CJM at Udaipur. It is true that the complainant could not produce the impugned cheque at the trial. But his failure in presenting the cheque before the court does not affect his case because the Branch Manager of SBI at Udaipur branch had categorically stated in his evidence that the said cheque was missing from the custody of the bank which was also reported to the jurisdictional police station and the information was recorded in the General Diary of the police station. The accused could not impeach the evidence of the PW in this regard and there is no reason to doubt the statement of the Branch Manager, SBI [PW-3]. The plea of the accused is not at all probable. The complainant on the other hand has been able to prove the essential facts by adducing consistent evidence. The complainant proved that accused borrowed a sum of ₹ 2 lakhs form him and to discharge his debts, he issued the impugned cheque to the complainant which was dishonoured by the bank - In the instant case, apparently the accused petitioner did not lead any evidence in rebuttal of such statutory presumptions. He has also failed to bring on record such facts and circumstances which would lead the courts below to believe that the liability, attributed to the accused petitioner was improbable or doubtful. The impugned judgment is set aside and judgment and order of the trial court convicting the accused petitioner for having committed offence punishable under Section 138 NI Act is restored - Sentence is reduced to fine of ₹ 2,25,000/- only and in default to SI for 2 months. The criminal revision petition stands disposed of.
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