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2021 (11) TMI 651 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - Rebuttal of evidence or not - transfer of property in respect of sale of land, for which cheque was issued and was subsequently dishonored - HELD THAT:- There is no dispute that no payment was made in respect of the dishonoured cheque within the statutory period of time as contemplated under the provisions of Section 138 of the Negotiable Instruments Act. The defence in this case has failed to rebut the prosecution evidence, so far as the quantum of the money which was required to be paid in respect of the two properties which were purchased by him. The plea of the defence that the sum of ₹ 10,00,000/- was subsequently paid, falls short of the contention of the prosecution wherein for two of the properties ₹ 20,00,000/- (₹ 10,00,000/- each) were to be p aid by the accused. It would have been proper if the defence could have shown that the complainant has received a sum of ₹ 20,00,000/- in total and thereafter taken up the plea in the instant case. The belated plea which has been taken (which is subsequent to the reply to the demand notice) is insufficient to overcome the prosecution evidence, as such it is held that the prosecution has proved its case by adhering to the provisions and principles of Negotiable Instruments Act. The petitioner have failed to make out any case for interference - Application dismissed.
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