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2021 (11) TMI 825 - HC - Indian LawsDishonor of Cheque - discharge of legally enforceable debt or not - rebuttal of presumption - HELD THAT:- There is no dispute with the proposition of law that the Court in exercise of its inherent powers will not lightly interfere where the Court may have to analyze the factual aspects of the case in detail and is required to deal with the defense that may or can be taken otherwise by the party in the proceedings. The proceedings in any given case are abuse of process of law or not depends upon the facts and circumstances of each case. In the case in hand, the precise submission made on behalf of the petitioner is that the cheque amounting ₹ 7,40,000/- subject matter of the complaint was though issued to the respondent initially yet on the asking of the respondent in lieu of the said cheque two more cheques of ₹ 3,70,000/- each were issued to the respondent and further the cheque ₹ 7,40,000 though returned by the respondent to the petitioner was again stolen by him after the amounts of two cheques were withdrawn by the respondent - The Court is of the considered view that the transaction as presented by the petitioner in the present has infact happened or meant to take place in that manner cannot be determined or commented upon by this Court in the present proceedings. The exact nature of liability can be brought on record by the complainant during the trial. It cannot be denied that there is a presumption in favour of the holder of the cheque that the cheque is issued in the discharge of some liability. Of course, the presumption can be rebutted by the author of the cheque. The petitioner herein can raise all the pleas which he has taken in the present petition before the trial but cannot agitate the same before this court in the present petition. The petition is dismissed.
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