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2022 (7) TMI 84 - MADRAS HIGH COURTDishonor of Cheque - preponderance of probability - rebuttal of presumption - section 139 of NI Act - HELD THAT:- This Court, on analysing the documents and depositions, find that the Trial Court has appreciated the law and evidence properly and applied his mind judiciously to arrive at the finding. The reasoning given by the Trial Court appeals both to common sense and law. The presumption under Section 139 of the Negotiable Instruments Act, 1881 is not an irrebuttable presumption, it is sufficient if the accused rebut the presumption by preponderance of probability. In this case, the accused through the agreement dated 22/08/2007 entered between him and the complainant has established that the money alleged to have been paid by the complainant was towards the screening right of the film “THE HOST” and for the 10% commission, it is not a loan as alleged in the complaint. The Trial Court for reasons recorded, had held that the alleged letter of guarantee dated 09/09/2007 is shrouded with suspicious and the witnesses contradictory version about its execution render this document unreliable. Shockingly, the Appellate Court has not even examined the documents but mechanically held that the accused is guilty of the offence under Section 138 of Negotiable Instruments Act, in the light of the admission of the signature in the cheques and in view of the letter of guarantee dated 09/09/2007. The perversity in the order of the Appellate Court is explicitly exhibited by not appreciating the evidence and apply the correct law - Application allowed.
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