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2021 (12) TMI 278 - TRIPURA HIGH COURTDishonor of cheque - denial of reasonable opportunity to explain the incriminating circumstances - rebuttal of statutory presumptions - burden of proof on the complainant or not - HELD THAT:- In the present case, the complainant has presented a probable story supported by evidence. It stands established that he developed a relationship with the accused who was a cashier at the Kailashahar branch of SBI where the complainant used to come for drawing his pension. It is not denied that as an employee of the bank the accused maintained a bank account in the said branch of the bank. The fact that the accused visited the house of the complainant and requested him to give loan of ₹ 4,50,000/- also stands established. PW-2 has supported the evidence of complainant PW-1 that in his presence the complainant gave the loan in cash to the accused and in turn the accused had issued the impugned cheque to the complainant and requested him to present the cheque at the bank at the end of the month. During cross examination of PW-1 and 2, accused did not deny the cheque nor he disowned his signature thereon. During his examination under Section 313 Cr.P.C. also he did not project any defence case. He simply stated that the evidence of PW-1 and 2 were false. The statutory presumption under Section 139 read with the Rule of Evidence as provided under Section 118 NI Act with regard to the existence of debt or liability is not a discretionary presumption, it is a statutory presumption which is obligatory on the part of the court. A huge burden is cast on the accused to rebut such presumption by adducing reasonably probable defence. It cannot be rebutted by merely offering an explanation - In the instant case, apparently the accused petitioner did not lead any evidence in rebuttal of such statutory presumptions. He has also failed to bring on record such facts and circumstances which would make the courts believe that the liability, attributed to the accused petitioner was improbable or doubtful. This court is of the view that there is no reason to interfere with the concurrent findings of the courts below with regard to conviction of the petitioner under Section 138 NI Act. As a result, his conviction under Section 138 NI Act is upheld. Petition disposed off.
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