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2022 (9) TMI 1153 - HC - Indian LawsDishonor of Cheque - existence of legally enforceable debt or not - Civil wrong or not - burden to prove - section 138 of NI Act - HELD THAT:- A perusal of the facts show that the cheque in question was issued on 08.10.2014 and it was dishonoured on the third day i.e. on 10.10.2014. It is a matter of record that there is no agreement between the parties for execution of any work. No bill is produced by the petitioner qua incurring any expenditure in execution of the contract. The respondent has successfully discharged the onus to prove that there was no admitted liability against her. There is no evidence on record to establish that there was any legal debt or liability against the respondent/accused. The learned Appellate Court has found that the agreement for providing services was terminated immediately and, therefore, the demand was made for return of the cheque to the petitioner/ revisionist. The Appellate Court has rightly found that the judgment on conviction and sentence was unsustainable and, therefore, the same has rightly been set-aside. This court does not find any merit in the submissions made by learned counsel for the petitioner and therefore, this revision stands dismissed. Both the revision petitions are hereby dismissed.
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