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2017 (6) TMI 652 - HC - Indian LawsOffence under Section 138 of Negotiable Instruments Act, 1881 - Dishonour of cheque for insufficiency, etc., of funds in the account - existence of the consideration - Evidence on record - Held that:- The respondent as the accused did not dispute that the cheque in question bears her signatures and that she had handed it over to the complainant. She claimed she had taken only ₹ 30,000/- as loan by cheque drawn on Punjab National Bank and that the cheque in question when given, was signed by her, but was otherwise blank, even the cheque amount having not been filled up. She did not lead any evidence nor confronted CW-1 with any such theory or facts by any documentary proof. There is nothing on record to show that the complainant had extended loan only of ₹ 30,000/- to the respondent by cheque or that the cheque in question was issued against such transaction or that it was blank when handed over. She has not been able to discredit the evidence of CW-1 with regard to the loan of ₹ 5 lakhs initially taken in the sum of ₹ 2 lakhs followed by additional ₹ 3 lakhs. She could not refute the evidence of CW-1 about the acknowledgement of the liability to that extent by document Ex.CW-1/4 or the promissory note (Ex.CW-1/5) contemporaneously prepared and executed. Thus the defence pleaded by the respondent in answer to the notice under Section 251 Cr.P.C. has remained unsubstantiated. Mere admission of the complainant that he was earning only ₹ 12,000 per month from small business or his failure to file income tax returns, or his omission to produce the bank passbook or to examine Chhotu as a witness in corroboration, are inconsequential. The respondent is held guilty and convicted for offence under Section 138 Negotiable Instruments Act, 1881.
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