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2017 (8) TMI 539 - HC - Indian LawsDishonor of cheque - conviction under Section 138 of the Negotiable Instruments Act - failure to discharge the onus to rebut the presumptions against - proof of legally enforceable debt - Held that:- From the complaint and the deposition of the complainant/respondent No.1 the factum of giving of loan stands established. The petitioner did not lead any evidence. On the contrary, in his 313 statement he has taken a plea which is not at all convincing. It appears rather strange that he issued a cheque in the name of the complainant/respondent No.1 for the purposes of benefiting his tenant. Thus, the presumption of a legally enforceable debt could not be rebutted by the petitioner. Both the Courts below rightly held that the petitioner could not rebut the presumption under Section 139 of the Negotiable Instruments Act.There is no reason to interfere with the concurrent judgments of the Courts below. From the records of this revision petition, it appears that the petitioner has deposited ₹ 6 lakhs with the Registrar General of this Court for suspension of the sentence during the pendency of the revision petition. This Court deems it appropriate that the sentence of the petitioner be reduced to the period which he has undergone in custody.The amount of ₹ 6 lakhs which has been deposited by the petitioner shall be released in favour of the complainant/respondent No.1 on the respondent No.1 appearing before the Registrar General after 30 days of passing of this order.
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