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2021 (8) TMI 377 - HC - Indian LawsDishonor of cheque - insufficiency of funds - existence of a legally enforceable debt or not - rebuttal of presumption - HELD THAT:- The alleged financial incapacity of the complainant to lend the loan as canvassed by the learned counsel for the petitioner/accused would not come to the forefront. However, a reading of the evidence led by the parties, more particularly of PW-1 would go to show that, she joined by her husband is running a Provision Store wherein she could able to make out a savings of a sum of ₹ 2,000/- per month and that, she also has got income from her mother's house in the form of sharing the lease amount of Mango garden being maintained by her mother, has remained specifically un-disputed and un-denied. From that evidence, though it can be inferred that the complainant had financial capacity to lend such a huge sum to the accused, still, the alleged financial capacity would not make out a case for her against the accused, proving the alleged guilt of the accused for the offence punishable under Section 138 of the N.I. Act. Since, the accused could able to successfully rebut the presumption formed in favour of the Crl.R.P.No.3/2019 complainant and as the complainant could not able to prove the alleged loan transaction with the accused, it has to be held that, the complainant has failed to prove the alleged guilt against the accused. Thus, the interference at the hands of this Court in the impugned judgments is warranted. The Criminal Revision Petition is allowed.
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