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2021 (8) TMI 40 - HC - Indian LawsDishonor of Cheque - rebuttal of presumption - debt claim is enforceable or not - onus shifts back on the complainant to lead further evidence and establish his case - Section 139 of the N.I. Act - HELD THAT:- Admittedly, except marking the cheque as well as the endorsement issued by the Bank, the office copy of legal notice sent to the accused and acknowledgment for having served the notice, the complainant has not chosen to produce any other documents. PW. 1 has been cross-examined with regard to the specific defence taken by the accused. In the present case, it has come on record that the Ganesh Bank of Kurundwad of whose cheque the complainant has relied upon is merged with the Federal Bank in the year 2005-06 and as such, the possibility of the cheque of the Ganesh Bank of Kurundwad being issued in the year 2010 is not acceptable. It supports the defence taken by the accused that in the year 1993, he had issued the cheque in question by way of security and even though he has repaid the loan, misusing the said cheque, the complainant has chosen to file a false complaint against him. The entire material placed on record, the Trial Court has rightly held that the complainant has failed to establish that it is entitled to recover the amount under the cheque in question and it was issued by the accused towards legally recoverable debt and dismissed the complaint - there is no justification to interfere with the impugned judgment and order and consequently the appeal filed by the complainant fails. Appeal dismissed.
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