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2017 (5) TMI 1116 - HC - Indian LawsOffence under Section 138 of Negotiable Instrument Act - existence of liability or enforceable debt - Held that:- The petitioner/accused failed to prove by any probable defense that the existence of liability was either improbable or doubtful. So far as the judgments relied upon by the learned counsel appearing for the petitioner in Rangappa (2010 (5) TMI 391 - SUPREME COURT OF INDIA) has held that the petitioner can raise the presumption by preponderance of probabilities and if the accused is able to raise a probable defence, which creates a doubt about the existence of liability or enforceable debt, then the prosecution can fail. But, in the instant case, the petitioner has failed to raise any probable defence to rebut the presumption. Hence, the above judgment is not applicable to the petitioner's case. The another judgment relied upon by the learned counsel for the petitioner in T.R. Palanisamy (2012 (6) TMI 862 - MADRAS HIGH COURT ), is also not factually applicable to the petitioner's case. In the above circumstances, it is of the considered view that the petitioner/accused had failed to rebut the initial presumption under Section 139 of Negotiable Instruments Act. Considering all the above materials, both the court belows had convicted the petitioner and find no illegality or irregularity in the judgment of the courts-below, hence, the revision fails and is liable to be dismissed.
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