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2022 (11) TMI 395 - HC - Indian LawsDishonor of Cheque - insufficient funds - discharge of burden to prove - rebuttal of presumption - preponderance of probabilities - the revision petitioner argued to unsettle the concurrent verdicts entered into by the trial court as well as the appellate court - seeking grant of 8 months' time to pay the compensation - lodging of prosecution under Section 138 of the Negotiable Instruments Act - HELD THAT:- It is the settled law that power of revision available to this Court under Section 401 of Cr.P.C r/w Section 397 is not wide and exhaustive to reappreciate the evidence to have a contra finding. In SANJAYSINH RAMRAO CHAVAN VERSUS DATTATRAY GULABRAO PHALKE AND OTHERS [2015 (1) TMI 1332 - SUPREME COURT], the Apex Court held that the High Court in exercise of revisional jurisdiction shall not interfere with the order of the Magistrate unless it is perverse or wholly unreasonable or there is non-consideration of any relevant material, the order cannot be set aside merely on the ground that another view is possible. The trial court as well as the appellate court rightly appreciated the evidence given by PW1 supported by Exts.P1 to P7 to prove that the accused herein issued Ext.P1 cheque for consideration. Thereby the complainant proved his initial burden entitling him to get the benefit of presumptions under Sections 118 and 139 of the N.I Act - the law is clear on the point that when the complainant discharged the initial burden to prove the transaction led to execution of the cheque, the presumption under Sections 118 and 139 of the N.I Act would come into play. No doubt, these presumptions are rebuttable and it is the duty of the accused to rebut the presumptions and the standard of proof of rebuttal is nothing but preponderance of probabilities. There is no reason to interfere with the concurrent verdicts entered into by the trial court as well as the appellate court. Similarly the appellate court rightly modified the substantive sentence to the minimum sentence of imprisonment till rising of the court and to pay fine of Rs.13,60,684/- as compensation under Section 357(1)(b) Cr.P.C and in default of payment of the fine, to undergo simple imprisonment for three months. Therefore, the sentence also does not require any interference at the hands of this Court. The revision petition is dismissed.
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