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2022 (11) TMI 279 - HC - Indian LawsDishonor of Cheque - discharge of legally enforceable debt or blank cheque issued for the purpose of security - rebuttal of presumption - accused is guilty for commission of offence punishable under Section 138 of N.I. Act or not? - HELD THAT:- Both the courts below have taken into consideration the entire evidence and documents on record and have convicted the petitioner under Section 138 N.I.A. and sentenced him as has been stated hereinabove. It has not been shown to this Court that any finding / observation of both the Courts below is perverse or illegal or any evidence or document has been misread or misconstrued. In the present case, it is not even prima-facie proved that the present cheque was issued as a security cheque. The appellate Court had taken into consideration the evidence of complainant as CW-1, who had specifically stated in his evidence that the petitioner had given a cheque to him in the month of October 2013 and the same was duly filled up by the petitioner and it is also recorded that no suggestion was given to the complainant at the time of his evidence that the cheque was given at the time of execution of the partnership deed, which as per the case of the petitioner was executed between the brother of the petitioner and the complainant - the evidence of the complainant, which fully supports the averments made in the complaint, has remained unrebutted. Learned counsel for the petitioner has not referred to any piece of evidence before this Court to show that the said evidence of CW-1 has been misread or misconstrued. Even the argument sought to be raised by learned counsel for the petitioner that the cheque was issued by the petitioner at the time of the execution of the partnership deed between the brother of the petitioner and the complainant, is highly unbelievable. Apart from the fact that there is no evidence to substantiate the said plea, it is also highly improbable that when two persons are entering into a partnership, then a third person would issue a blank signed cheque as security without there being any writing to the effect that the cheque has been issued for security purposes. Even the plea with respect to the loan amount being of Rs.3 lacs, whereas the cheque in question being to the tune of Rs.2,81,000/- is devoid of merits and deserves to be rejected. On a specific query put by this Court, learned counsel for the petitioner has fairly stated that he did not raise any such plea before the courts below. Further nothing has been shown to this Court that any such suggestion was given to CW-1 when he appeared in the witness box and thus, the said plea is apparently an afterthought. Petition dismissed.
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