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2018 (10) TMI 1078 - MADRAS HIGH COURTDishonor of cheque due to insufficiency of funds - Section 138 of NI Act - recovery of loan - rebuttal of presumption - The incriminating circumstances which put before the accused, he denied the evidence of complaint as false and he opted for examining witness on his behalf - Held that:- On a careful perusal of the records reveals that the complainant has proved that the accused borrowed a sum of ₹ 1 lakh and issued a cheque on 01.02.2008, when he presented, the cheque was returned. Therefore, within 15 days from the statutory period, the accused failed to pay the amount. Therefore, he committed the offence and Courts below found that the complainant has proved, the execution of cheque and drew the legal presumption. Whereas, the accused has stated that the complainant has not proved, the loan transaction between both the parties and he has attempted to prove that he has not borrowed money and also the cheque has not been issued for the legally enforceable debt - It is well settled law that once the execution of the cheque is admitted and the signature is not disputed and it is the legal presumption that the cheque is issued for the legally enforceable debt. No doubt, the presumption is rebuttable presumption. Therefore, it is for the accused to rebut the presumption. If not through direct evidence but by way of probable defence - the Courts below found that the said legal presumption has not been rebutted by the accused in the manner known to law. This Court does not find any perversity in the order passed by both the Courts below. Therefore, the criminal revision in Crl.R.C.No.1430/2013 filed by the accused is dismissed.
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