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2020 (10) TMI 905 - HC - Indian LawsDishonor of Cheque - offence under Section 138 of the Negotiable Instruments Act - rebuttal of presumption - HELD THAT:- If the cheque was misused to the detriment of the accused with such huge financial implications, no man of ordinary prudence sits back without initiating any action against the complainant or the said Shamala Godi which was not done by the accused. This circumstance also weighed with the Courts below - Further, as admitted by the accused herself, she was involved in similar cheque bounce case as was evident by Ex.P-9 - the joint memo filed in Crl.Misc.No.93/2013 on the file of the II Additional J.M.F.C., Chikmagalur. These records show that accused was involved in the similar case on the allegation of borrowing loan from one Annapoorna issuing cheque and the cheque was dishonoured. Ex.P9 the joint memo shows that the accused settled the said matter for ₹ 1,00,000/- ultimately. Ex.P10 was the certified copy of the application filed by Annapoorna in Crl.Misc.No.93/2013 for recovery of compensation of ₹ 1,50,000/- in pursuance of the order passed in C.C.No.1630/2007 convicting the accused for the offence punishable under Section 138 of NI Act. The trial Court has rightly convicted and sentenced the accused and that was confirmed by the First Appellate Court. This Court finds no ground to admit the petition - Petition dismissed.
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