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2022 (7) TMI 40 - HC - Indian LawsDishonor of Cheque - legally enforceable debt - rebuttal of presumption - acquittal of the accused - section 138 of NI Act - HELD THAT:- Admittedly, the accused has not repaid the alleged loan amount to the complainant even after the issuance of notice to him. Thus, the presumption about existence of legally enforceable debt form in favour of the complainant in both the cases. However, the said presumption is rebuttable - In order to rebut the presumption, the complainant has taken a defence of general denial of the loan transaction in C.C. No. 1051/2011 and a common defence that the cheques in question were given to the complainant Sri. D.T. Patel, his brother by name Sri. Shanthi Bhai and the accused together as a security. However, those cheques have been misused by them. Naturally, the complainants in both the cases have denied the suggestions made to that effect from the accused side, in their cross-examinations. There is no explanation available anywhere as to why should the accused give blank cheques to all the three persons i.e., both the complainants herein and one Sri. Shanthi Bhai when even according to accused, the alleged transaction of a sum of Rs. 50,000/- was only between himself and said Sri. D.T. Patel. Therefore, the defence of the accused creates a doubt in the mind of the court. The accused could not able to rebut the presumption about the existence of legally enforceable debt formed in favour of the complainants in both the cases under Section 139 of N.I. Act. Thus, both the Trial Court as well as the First Appellate Court since after proper appreciation of evidence placed before them, have rightly come to a conclusion holding the accused guilty of the alleged offence in both the matters and have sentenced him proportionate to the proven guilt, there are no reason to interfere in the impugned judgments in both the matters. The Criminal Revision Petition is dismissed.
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