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2020 (1) TMI 387 - HC - Indian LawsDishonor of Cheque - Section 138 of the Negotiable Instruments Act - rebuttal of presumptions - HELD THAT:- It appears that admittedly the cheques in question were issued by the petitioner in favour of the complainant. It is also an admitted fact that all the cheques were dishonoured when the complainant presented the same for encashment. In the present case the materials placed on record show that both the Learned Courts below came to the concurrent findings that the petitioner issued the cheques in question in discharge of his liability to repay the loan as par the loan agreement. Issuance of cheques in question is an admitted fact. Defence was taken by the petitioner that those cheques were issued by him for consultancy which the complainant was required to provide him. The said consultancy was not provided to him. But the petitioner has totally failed to discharge that burden by adducing cogent and convincing evidence - I do not find any ground to interfere with the concurrent findings of both the Learned Courts below. It is well settled principle of law that in exercise of its power under Section 482 of the Code of criminal Procedure, the High Court should not in absence of perversity, upset concurrent factual findings of Trial Court and Appellate Court. Moreso, the High Court in exercise of its inherent power should not re-analyze and reassess the materials particularly the evidence on record - On perusal of the entire materials on record, it can be said that the Learned Courts below have rightly come to the conclusion that the petitioner committed an offence punishable under Section 138 of the Negotiable Instruments Act. Application dismissed.
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