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2021 (11) TMI 512 - HC - Indian LawsDishonor of Cheque - failure to establish the execution of the cheque by the respondent - rebuttal of presumptions under Sections 118 and 139 of the NI Act - HELD THAT:- Whoever be the person handed over the cheque to the complainant the possession of Ext.P1 being with him, and Ext.P1 having been established by the complainant as drawn from the account of the accused maintained with his banker, in view of Section 20 of the N.I.Act, who authored the writings in it, is immaterial. Such being the context, undoubtedly the presumptions under Sections 118 and 139 of N.I.Act and Sections 103 and 114 of the Act would be attracted in favour of the complainant. Presumptions are rebuttable ones and as stated in the provisions, it is the burden of the accused to rebut those or establish to the contrary. Signature in Ext.P1 is not disputed by the accused. The trial court has found upon evaluation of the evidence and the legal provisions that it is the burden of the accused to adduce cogent evidence to rule out the grab of legal provisions - this Court has no hesitation to hold in the light of the discussions made hereinabove and also on the basis of the dictums of the Apex Court in the cases relied on by the learned counsel for the appellant, the trial court has gone wrong in making observations of the nature. The burden undoubtedly is on the accused to rebut the presumptions available to the complainant under Sections 118 and 139 N.I.Act. This Court on an appreciation of the entire evidence on record, is convinced that the accused was unsuccessful in discharging his burden to rebut the presumptions. Therefore, the prosecution ought not to have been held by the trial court as failed - the trial court shall restore the complaint back to it's file and dispose it of in accordance with law, within two months from the date of receipt of a certified copy of this judgment. Appeal allowed.
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