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2022 (1) TMI 1170 - HC - Indian LawsDishonor of Cheque - acquittal of the accused - rebuttal of presumption - failure of producing documentary evidence - HELD THAT:- It is apparent that in case of failure of producing documentary evidence, it cannot be considered in respect of proprietor that he is the sole proprietor of Firm and on that basis, the complaint under Section 138 of the NI Act is not maintainable. No documentary evidence in respect of being a sole proprietor of the Firm on behalf of complainant-appellant has been produced before the Court and from the record, it reveals that the cheque in question has been issued in the name of complainant- Firm and the only bill Ex.P6 whose authenticity has been denied by the accused- respondent because it does not either bear the signature of complainant or accused. On that basis, no presumption can be drawn against the accused. As per the provisions of Section 138(b) of the NI Act, it is the statutory duty of the complainant that after dishonour of cheque, information regarding dishonour/return of cheque should be furnished by giving a written notice to the accused within a period of thirty days. In the present matter, although a notice was issued by the complainant but it has been reflected from the impugned judgment that consideration amount of ₹ 50,000/- has been shown as due against the respondent- accused which is under suspicion and no evidence in this regard has been produced before the Court on the behalf of the complainant to establish his case beyond reasonable doubt. Therefore, the learned JMFC has rightly acquitted the respondent-accused of offence under Section 138 of the NI Act. Appeal dismissed.
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