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2019 (10) TMI 223 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - offence punishable under Section 138 of the Negotiable Instruments Act - rebuttal of presumption - HELD THAT:- In the case at hand, accused has been not able to rebut the statutory presumptions under Section 118 and 139 of the Act in favour of the holder of the cheque i.e. complainant and as such, there appears to be no illegality or infirmity in the judgments/order of conviction and sentence passed by the learned Courts below - All the ingredients of S.138 of the Act stand duly proved in the case at hand, as such, this Court finds no occasion to interfere with the judgments/order of conviction and sentence recorded by learned Courts below, as such, same deserve to be upheld. The petition at hand is dismissed being devoid of merit.
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