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2023 (9) TMI 169 - MADHYA PRADESH HIGH COURTDishonour of Cheque - insufficient funds - legally recoverable debt or liability or not - complainant failed to submit details of loan outstanding against the accused - rebuttal of presumption - HELD THAT:- The High Court, in revision, exercises supervisory jurisdiction of a restricted nature. It cannot re-appreciate the evidence, as Second Appellate Court, for the purposes of determining whether the concurrent finding of fact reached by the learned Magistrate and the learned Additional Sessions Judge was correct. Recently, in case of MALKEET SINGH GILL VERSUS THE STATE OF CHHATTISGARH [2022 (7) TMI 1455 - SUPREME COURT], the Supreme Court observed There has to be well-founded error which is to be determined on the merits of individual case. It is also well settled that while considering the same, the Revisional Court does not dwell at length upon the facts and evidence of the case to reverse those findings. Accused Manoj Kumar has not challenged receipt of loan amount of Rs.2,60,000/- under the Vehicle Loan Scheme. Rather, in examination of accused under Section 313 of CrPC, he had specifically admitted that he has taken loan of Rs.2,60,000/- from the complainant Bank under Vehicle Loan Scheme. Therefore, learned Trial Court and Appellate Court have not committed mistake in drawing presumption of existence of legally enforceable liability in favour of the holder of cheque i.e., the complainant Bank - The accused has not submitted any evidence to show re-payment of the loan, therefore, nothing is brought on record to rebut the legal presumption under Sections 118 and 139 of Negotiable Instruments Act. The finding of learned Trial Court and Appellant Court does not suffer any patent illegality or perversity. No interference in the concurrent findings in exercise of revisional jurisdiction is called for. - Petition dismissed.
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