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2019 (4) TMI 153 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - Section 138 of Negotiable Instruments Act - presumption under Section 118(a) and Section 139 Negotiable Instrument Act, 1881 was fulfilled - Held that:- The coordinate Bench of this Court has clearly held by its judgment M/S. SONI IMPEX VERSUS M/S. TAURAIN OVERSEAS & ANR [2015 (2) TMI 1304 - DELHI HIGH COURT] that the petitioner has been able to rebut the presumption and the respondent has failed to establish beyond reasonable doubt its case. This judgment of the coordinate Bench of this Court was not brought to the notice of the Appellate Court when it was hearing the arguments in this matter. Accordingly, the impugned judgment was passed. It is an admitted position that the respondent No.1 did not assail the order of the Coordinate Bench of this Court dated 04.02.2015, wherein, the findings, as noticed above, have been recorded. In that view of the matter, I am of the view that the impugned order cannot be sustained. Accordingly, the impugned order dated 09.12.2015 is quashed. Petitioner is acquitted of the said offence - the amount deposited by the petitioner with the Appellate Court as also with this Court shall be returned to the petitioner along with interest, if any accrued thereon. Petition allowed.
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