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2022 (6) TMI 369 - HC - Indian LawsDishonor of cheque - signature on the cheque has been denied or not - rebuttal of statutory presumption - HELD THAT:- On a perusal of the materials on record, it is not in dispute that the petitioner/accused had handed over the signed cheque/Ex. P2 to the first respondent. According to the petitioner during the year, 1995, the first respondent was running a chit business in the name of M/s. Praveenath Chits. The first respondent/P.W. 1/complainant admitted that from the year 1995 to 2009, he had been running the business, which is proved by Ex. D1. The petitioner had subscribed to the chit. To prove the fact marked Ex. D2/Chit Fund Pass Book. The first respondent/P.W. 1 admit that it is the usual practice that, while running a chit fund, unfilled signed cheques will be obtained in the course of the chit business - The petitioner had probabilised his defence, who got into the box, gave explanation as to how the signed cheques, landed in the hands of the first respondent. The first respondent unable to make discredit the evidence of the petitioner while cross examining him. The Hon'ble Apex Court in a case of Basalingappa Vs. Mudibasappa [2019 (4) TMI 660 - SUPREME COURT] had clearly given guidelines, as well as in the case of RANGAPPA VERSUS SRI MOHAN [2010 (5) TMI 391 - SUPREME COURT], and held that the statutory presumption is rebuttable, which can be either from the cross examination of the witnesses or the accused getting into the box and giving his explanation. In this case, the petitioner had got into the box, gave his explanation about the handing over of the cheque and questioned the difference in ink. Both the Courts below failed to analyse the evidence on the contrary proceeded merely on presumption and convicted the petitioner. This Court finds that the petitioner had probabilised his defence, gave proper explanation. The Courts below failed to analyse the evidence, weigh the materials, consider the explanation given, on the other hand primarily on the presumption convicted the petitioner, failing to look into the fact that the petitioner has probabilised his defence. In view of the same, this Court is inclined to set aside the conviction and sentence passed by the trial Court. This Criminal Revision Case is allowed.
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