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2022 (2) TMI 402 - HC - Indian LawsDishonor of cheque - insufficiency of funds - discharge of legally enforceable debt or not - commission of offence u/s.138 of N.I.Act established or not - invocation of rebuttal of presumption - HELD THAT:- On scrutiny of evidence and the reasons assigned by the Trial Court, there are no reason to disturb the findings of Trial Court and the order of acquittal. The judgment is supported by cogent reasons which indicate that the Court has appreciated the evidence. On scrutiny of evidence it is evident that the complainant has not established that the cheque was issued in discharge of legally enforceable debt. The cross-examination of witnesses show that from time to time the accused had deposited the amount. It is not proved beyond doubt that the applicant had liability of ₹ 1,00,000/- towards complainant. There is overwriting in respect of dates in Exhibit-47. In Exhibit-46 after the cheque number, amount is not mentioned. There were discrepancies in the letter issued by the complainant and the evidence of witnesses about the liability of accused which creates doubt - To invoke presumption u/s.139 of N.I.Act, at least foundational facts about the liability have to be established by the complainant. The Trial Court has considered these aspects and by assigning reasons acquitted the accused. The complainant has not proved that the cheque was issued in respect of the legally enforceable liability. Considering the evidence before the Trial Court in the form of depositions of the witnesses and the documentary evidence, there are no reason to take a different view other than Trial Court - appeal dismissed.
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