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2019 (4) TMI 882 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - repayment of borrowed amount - section 138 of NI Act - burden of prove - Held that:- It was for the accused to have brought on record such facts and such circumstances which may lead the Court to conclude either that the consideration did not exist or that its non-existence was so probable that a prudent man would, under the circumstances of the case, act upon the plea that the consideration did not exist. It has repeatedly been held by the Hon’ble Supreme Court in RANGAPPA VERSUS SRI MOHAN [2010 (5) TMI 391 - SUPREME COURT OF INDIA] that though there may not be sufficient negative evidence which could be brought on record by the accused to discharge his burden, yet mere denial would not fulfill the requirements of rebuttal as envisaged under Sections 118 and 139 of the Act. The only defence put-forth by the accused was that the cheque was handed over in the year 2010 as a security cheque, when loan was taken from the complainant. The borrowed money was returned before 2012, but the complainant misused the security cheque. Therefore, in such circumstances, it cannot be said that the accused has discharged the onus by bringing on record such facts and circumstances as to show the preponderance of probabilities tilting in his favour, any doubt on the complainant’s case that he had returned the money. This assumes importance because the petitioner had not denied the issuance of cheque. Revision petition dismissed.
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