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2016 (9) TMI 866 - HC - Indian LawsDishonor of cheques - complaints under Section 138 of the Negotiable Instruments Act - Held that:- Admission made by the accused, there was no question of there being merely a presumption in favour of the complainant about the existence of debt or other liability in respect whereof the said 61 cheques had been issued. There was no question of the said presumption being discharged by the accused. There was absolutely no basis to conclude that the said 61 cheques had been given towards security. These findings returned by the learned Magistrate are completely contrary to the stand taken by the accused in the response to the statutory notice under Section 138 of the NI Act and, therefore, contrary to the evidence brought on record. The complainant had specifically disclosed in the complaints itself that as desired by the accused, the security deposit of ₹ 1.35 lacs against 12 specific cheques, details whereof are also set out in the complaint itself. This being the position, there was no question of there being any doubt arising in the mind of the court with regard to the outstanding debt and liability of the accused qua the 61 cheques in question. For all the aforesaid reasons the impugned judgment borders on perversity and they are, accordingly, set aside. The complainant had been able to establish that the cheques in question had been issued against specific debts incurred by the accused against supplies of tyres, tubes and flaps, and that the said cheques were dishonoured upon presentation and despite issuance of statutory notice, the amount covered by the said 61 cheques had not been paid. It is established beyond all reasonable doubt that the accused are guilty of commission of the offences under Section 138 of NI Act in each of these cases. They are, accordingly, stand convicted of the said offence in each of these cases.
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