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2020 (1) TMI 883 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - enforceable debt and liability or not - Validity of Verdict of acquittal pronounced by the learned trial court - HELD THAT:- Even though, the, accused, has placed reliance, upon, Ex. Dx, containing echoings, vis-a-vis, Ex.CW1/A becoming lost, hence the banker concerned, becoming requested to not honour the afore exhibit, (i) nonetheless, veracity, of, the, afore echoings, as, borne therein, becomes rather underwhelmed or eroded, vis-a-vis, their vigour, in, the, face, of, the, afore suggestions becoming hence meted, to, the, complainant, during, his, becoming cross-examined, hence, by, the, defence counsel. Since, the, afore statutory presumption, is, hence workable, vis-a-vis, the complainant, and, when also, the, afore statutory presumption, hence, remained un-displaced, by, any cogent rebuttal evidence becoming adduced, by, the, respondent/accused, (ii) besides when no cogent evidence becomes adduced, vis-a-vis, the, complainant, despite, no subsisting legal enforceable debt or liability, erupting, inter se, both, yet, rather Ex.CW1/A becoming issued merely, as, a security, (iii) thereupon, it becomes unflinchingly con-cludable, vis-a-vis, the, issuance of Ex.CW1/A, by, the, accused, in, favour, of, the, complainant, being towards, the, discharge(s) there through, vis-a-vis, the, apposite contractually enforceable debt or other liability, and, appertaining, to, the, expenditure, of, re-treading of tyres, as, conducted, in, the, unit, of, the, complainant. The instant appeal is allowed, and, the verdict impugned before this Court is set aside.
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