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2019 (6) TMI 818 - GAUHATI HIGH COURTDishonor of Cheque - section 138 of NI Act - rebuttal of presumption under Section 139 of the Act - HELD THAT:- It was found that the bus was purchased by the complainant from the original vendor and the matter was under process for transferring the ownership in favour of the complainant. That being the position, while the petitioner being aware of such condition/stipulation in the agreement and he has already made part payment towards purchase of said vehicle cannot be permitted to raise the plea that the complainant being not owner of the vehicle is not entitle to get the remaining part of the amount. By his conduct itself the petitioner now estopped from raising such plea only to frustrate the claim of the complainant. The accused petitioner has miserably failed to rebut the presumption under Section 139 of the Act and the learned trial court has on due appreciation of entire matter on record has came to a proper finding about the guilt of the accused. There appears no irregularly in the order passed by the court below. While maintaining the sentence under Section 139 NI Act the same is converted to a fine of twice the cheque amount i.e. ₹ 3,70,000/- in default SI for six months. Amount of fine be given to the complainant as compensation. The complainant is hereby directed to deposit the amount before the trial court within a period of two months from today.
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