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2019 (4) TMI 114 - HC - Indian LawsDishonor of Cheque - Cheque returned back with an endorsement that “the addressee has left the premises” - section 138 of NI Act - existence of debt or not - It was the defence of the revisionist that she did not take any loan amount from the respondent but in fact, the respondent and one Pankaj had stolen the cheque of the revisionist from the shop of her husband. Held that:- This Court has already taken note of the conduct of the parties which clearly shows that the revisionist has changed her stand from time to time - In the present case, no FIR was lodged. The place from which the cheque in question was allegedly stolen, is also in dispute. In her evidence, the revisionist has stated that the cheque was stolen from the shop of her husband, whereas in the registered notice Ex.P7 she has stated that the cheque was stolen from the drawer of her computer table. No specific suggestion was given to the respondent alleging that the cheque in question does not bear her signatures. No application was ever filed by the revisionist under Section 45 of Evidence Act for sending her disputed cheque to the Handwriting Expert for examination of her signatures. On the contrary, in paragraph 10 of her cross-examination, she has specifically admitted that the signature on the cheque resembles with the specimen signatures in the Bank. Even otherwise, the Bank has not returned the cheque on the ground of difference in her signatures. This Court is of the considered opinion that the respondent has succeeded in establishing beyond reasonable doubt, that the cheque bearing no.119954 was issued in lieu of the amount of ₹ 10 lac taken by the revisionist from the respondent and later on, she blocked her entire bank account in stead of issuing instructions of stoppage of particular cheque - the Trial Court as well as the Appellate Court did not commit any mistake in holding that the cheque bearing no.119954 was issued by the revisionist in discharge of legal liability which was returned by the Bank on the instructions of the revisionist - the revisionist is held guilty for offence under Section 138 of Negotiable Instruments Act. Revision dismissed.
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