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2021 (10) TMI 289 - HC - Indian LawsDishonor of Cheque - acquittal of the accused - rebuttal of presumption - legally enforceable debt or not - whether the first accused is the wife of the second accused is liable under Section 138 of the Negotiable Instruments Act? - HELD THAT:- Once the drawer admits the signature of the cheque, it is presumed that the drawer had given the cheque for discharging a legally enforceable debt or liability. The drawer is given an option to rebut the statutory presumption by adducing positive evidence in the form of proof. The respondent was admitted a signatory in the covering letter (Ex. P1) issued along with her postdated cheque (Ex. P2). The signature and execution of the cheque by the respondent herein is not disputed and clear in view of the legal notice (Ex. P3) issued by the respondent herein just prior to the due date of the cheque - The trial Court has rightly come to the conclusion that the private complainant is entitled for presumption under Section 138 of the Negotiable Instruments Act and the respondent having failed to rebut the presumption has laid the conviction. On perusal of Ex. P1 has categorically stated that their pre-existing legally enforceable debt against the accused for the said amount of ₹ 2,30,400/- Ex. P2 was issued and hence in the absence of any suggestive case being probabilized by the respondent, the lower Appellate Court has wrongly construed and allowed the appeal and committed in error in setting aside the well considered judgment of the trial Court and hence, all the findings rendered by the lower Appellate Court are hereby stands vacated and that of the trial Court is restored. This Court holds that the conviction laid by the trial Court is restored. The order passed by the lower Appellate Court dated 10.11.2014 is set aside - Appeal allowed.
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