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2018 (7) TMI 706 - HC - Indian LawsDishonor of cheque due to insufficiency of funds - Non-payment of part of amount related to purchase of property - liability towards electricity dues as on the date of the sale deed - appellant claims to have issuued two cheques subsequently for discharge of his liability but the respondent denies of the same - Section 138 of the Negotiable Instrument Act. Liability towards electricity dues as on the date of the sale deed - Held that:- It is absolutely clear that the respondent has merely raised a bogie of there being some outstanding electricity dues from the time when Gulzar Singh occupied the property in question. There is absolutely no basis for the same. It is not the case of the respondent that the electricity supply company i.e., BSES Yamuna Power Ltd. has raised any demand in respect of the electricity meters installed in his premises, ever since he came in occupation of the same. It is evident that the cheque of ₹ 5,00,000/- was issued by the respondent towards the balance sale consideration. May be, the same was left with Surender Kumar, till such time as the appellant satisfies the respondent with regard to the apprehended outstanding electricity bills, whereafter, the balance payment of ₹ 5,00,000/- was to be handed over to the appellant. Only this arrangement explains issuance of the said cheque of ₹ 5,00,000/- by the respondent and its being handed over to a third party, namely, Surender Kumar – as claimed by the respondent. The appellant has proved beyond all reasonable doubt that the cheque in question was issued by the accused in discharge of a legally recoverable debt. It has also proved that the said cheque has been dishonoured upon presentation and, despite issuance of statutory notice of demand within the period of limitation, the amount has not been paid by the accused. The defence set up by the accused has not been probablised and he has not been able to create any doubt in the mind of the Court that the said cheque was not issued towards discharge of a legally recoverable debt. The respondent accused has not been able to rebut the presumption arising in favour of the appellant holder of the cheque. The respondent accused is held guilty for commission of the offence under Section 138 of the Negotiable Instruments Act - appeal allowed - decided in favor of appellant.
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