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2018 (6) TMI 1087 - HC - Indian LawsDishonor of Cheque - closure of Bank Account of complainant - Presumptions as to negotiable instruments - section 118 of N.I. Act - Held that:- Supreme Court in M.M.T.C. Ltd. v. Medchl Chemicals and Pharma (P) Ltd., [2001 (11) TMI 837 - SUPREME COURT OF INDIA], has held that the authority shows that even when the cheque is dishonoured by reason of stop-payment instructions by virtue of Section 139 the court has to presume that the cheque was received by the holder for the discharge, in whole or in part, of any debt or liability. Of course this is a rebuttable presumption. The accused can thus show that the "stop-payment" instructions were not issued because of insufficiency or paucity of funds. The important thing is that the burden of so proving would be on the accused." we are in agreement with the respondent claimant that the presumption mandated by Section 139 of the Act does indeed include the existence of a legally enforceable debt or liability. So far as the arguments that "date 02.05.2012" was fabricated and was not in handwriting of the revisionist is concerned, date is not a substantial things, in the case where post dated cheques are issued. Issuing of disputed cheque and the amount mentioned in it, is admitted by the revisionist. He cannot be given any benefit of the fact that the date mentioned in this cheque was filled up by any other person. Revision dismissed.
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