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2020 (3) TMI 432 - HC - Indian LawsDishonor of Cheque - offence under Section 138 of the N.I. Act - rebuttal of presumptions - HELD THAT:- We need to note the legal principles regarding nature of presumptions to be drawn under Section 139 of the Act and the manner in which it can be rebutted by the accused. The accused had not led any evidence to rebut the aforesaid presumption. It was also stated that in the event the accused is able to raise a probable defence which creates doubt with regard to the existence of a debt or liability, the presumption may fail. The complainant being holder of cheque and the signature on the cheque having not been denied by the accused, presumption shall be drawn that cheque was issued for the discharge of any debt or other liability. The presumption under Section 139 is a rebuttable presumption. It is relevant to notice the general principles pertaining to burden of proof on an accused especially in a case where some statutory presumption regarding guilt of the accused has to be drawn. When the cheque is returned by a bank with an endorsement account closed, it would amount to returning the cheque unpaid because the amount of money standing to the credit of that account is insufficient to honour the cheque as envisaged in Section 138 of the Act. In the present case, when the complainant presented the cheque for encashment, it was returned unpaid with an endorsement that account of the applicant has been closed - The complainant issued notice to the applicant which was refused by the applicant and ultimately a complaint case was filed in which the applicant was convicted and sentenced to pay compensation for a sum of ₹ 50,000/- which was confirmed by the judgment of the appellate court. This Court does not find even any illegality or perversity in the orders passed by the Courts below - Petition not maintainable - revision dismissed.
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