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2018 (9) TMI 1075 - MADRAS HIGH COURTDishonor of Cheque - recovery of loan - section 138 of Negotiable Instruments Act - preponderance of probability - Rebuttal of presumption - Held that:- When the statutory presumption against the accused person is rebutted through some material evidence, though may not be to the decree of proof beyond doubt, the preponderance of probability would go to show that the cheque, which was obtained under threat and the subject matter of the complaint dated 21.01.2013, is being utilised to prosecute the revision petitioner through the complainant/ Poongodi, who apparently not acquainted with the revision petitioner, except a tall claim that she and the revision petitioner know each other for merely 12 years. It is unacceptable that the person, who know each other for 12 years and was inspired her confidence, to lend the loan of ₹ 2,00,000/-, but without knowing his residential address. This Court finds that Courts below have erred in properly appreciating the defence explanation to rebut the presumption. Hence, this Criminal Revision Case is liable to be allowed - revision allowed.
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