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2021 (5) TMI 495 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - legally enforceable debt or not - disputed cheque was drawn for discharging the whole and/or part such debt or other liability - rebuttal of presumption - HELD THAT:- The petitioner in this case, did not raise any probable defence which would create doubts in the mind of the Court. He did not deny the fact that he had taken loan from the complainant. His defence as made out in his examination under Section 313 Cr. P.C is that he has repaid the loan. The issuance of the impugned cheque by him and the fact that the cheque was dishonoured for insufficiency of fund in his account also stand proved. In the present case, the trial Court as well as appellate Court have come to the conclusion that the accused had taken loan from the complainant for which he issued the impugned cheque which was dishonoured by bank for insufficiency of fund in his account. The signature of the accused petitioner on the impugned cheque has been proved. The accused did not lead any evidence to rebut the presumption taken by the Courts below under Section 139, N.I Act. He did not even come in the witness box to support his case. There are no reason to interfere with the conviction of the petitioner under Section 138, N.I Act - In so far as his sentence is concerned, the trial Court, as stated, has convicted the petitioner to rigorous imprisonment for one year and also a fine of ₹ 2,00,000/- which is twice the amount of the impugned cheque. Said sentence of the petitioner has also been upheld by the appellate Court. While upholding his conviction, it is directed that convict petitioner shall pay fine of ₹ 1,50,000/- at the trial Court within 2(two) months from today which on realisation be paid to the complainant, failing which accused petitioner will suffer Simple Imprisonment for six months. The criminal revision petition is thus partly allowed.
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