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2019 (8) TMI 1897 - HC - Indian LawsDishonour of Cheque - funds insufficient - legally enforceable debt or not - despite of service of notice, accused failed to return the amount of cheque - HELD THAT:- The statutory assumption is in favour of the complainant that the cheque was issued towards the legally enforceable debt and liability by the accused and the accused has failed to disprove the said presumption. Similarly, there is no crossexamination that the blank cheques were issued towards the security by he accused at the time of entering into the transaction. Thus, the accused has not disputed the issuance of cheque under his signature. He has failed to bring on record that the transaction between the complainant and himself was of any other nature than the claim made by the complainant. In the absence of any material on record, the presumption in favour of the complainant about the issuance of the cheque or discharge of legally enforceable debt and liability cannot be said to be rebutted as required by the law. On the contrary, the complainant has proved and her evidence establishes that the complainant has paid Rs.2,90,000/to the accused by way of handloan from time to time. Thus, no illegality or perversity is noticed in the judgment and orders passed by the Courts below. Hence, no interference is required in the impugned judgment and orders passed by the Courts below - Revision dismissed.
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