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2021 (11) TMI 586 - HC - Indian LawsDishonor of Cheque - service of statutory notice u/s 138B of NI Act - acquittal of accused u/s 255(1) of Cr.P.C. - rebuttal of statutory presumption - HELD THAT:- The documents produced are very relevant to prove the case of the complainant. When the cheque is issued, there is a presumption under Sections 118 and 139 of the Act that it was drawn for consideration. It is settled that when the accused admits the signature in the cheque and takes a plea that it was issued as security, the burden is upon him to establish the same. The Apex Court in Kalamani Textiles (M/s.) & Another v. P. Balasubramanian [2021 (2) TMI 505 - SUPREME COURT] has held that once signature is established, it is to be presumed that the cheque was issued in consideration for a legally enforceable debt. At any rate, the complainant has chosen to produce the statement of accounts showing the transaction between the complainant and the accused as well as the resolution authorising PW1 to represent the company - this is a fit case where an opportunity has to be granted to the complainant to prove the said documents in order to prove its case. Hence, the impugned judgment is liable to be set aside and the matter is to be remanded to the court below for fresh disposal. Appeal allowed by way of remand.
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