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2021 (12) TMI 668 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - presumption under Sections 118(a) and 139 of the NI Act is available or not - HELD THAT:- It is true that when PW1 was examined the accused has disputed his signature in the cheque. It is also true that PW2 in cross examination stated that he did not see the accused putting his signature. But, PW1 in categoric terms has deposed that the cheque in question was signed by the accused in his presence at the time of borrowal. There is nothing to disbelieve the said version. That apart, the accused did not take any steps to send the signature in Ext. P1 cheque for examination by a scientific expert. Once the signature, execution and handing over of the cheque are satisfactorily proved, the presumption under Section 139 of the NI Act would come into play and remain in force until the accused discharges the burden. The complainant has successfully established the signature, execution and handing over of the cheque. There is absolutely no evidence adduced to rebut the said evidence. No evidence has been adduced by the accused to substantiate the defence plea that the cheque in question was issued in blank in connection with the transaction he had with the deceased brother of the complainant. This court under the exercise of jurisdiction under Section 397 read with 401 of Cr.P.C. cannot re-appreciate or re-evaluate the evidence - the revision petitioner is not entitled for any relief. Revision petition dismissed.
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