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2021 (7) TMI 845 - HC - Indian LawsDishonor of Cheque - it is claimed that cheque issued by way of security and not against any legally payable debt - evidences produced or not - burden to prove - principles of natural justice - HELD THAT:- Admittedly, the petitioner did not even lead any defence evidence in spite of grant of opportunity by the learned court below and none of the witnesses whose name appeared as witnesses on Exhibit-A deposed before the court to explain the circumstances under which it was issued. On the other hand, the P.W. 2 is the eye-witness of the entire transaction and has explained the circumstances under which the cheque was issued by the petitioner to the complainant and has fully supported the prosecution case - From the records of the case, it appears that the P.W. 2 clearly deposed that cash of ₹ 1,00,000/- was handed over to the petitioner by the complainant in his presence and the petitioner had issued the cheque in lieu of the same. This Court finds that although the learned appellate court has held that no reliance could be placed on Exhibit-A by the petitioner, but the learned trial court has fully considered the contents of Exhibit-A and found that the same could not help the petitioner in any manner. This Court finds that the petitioner has failed to discharge his initial burden to prove that the cheque was not issued in discharge of any liability and the petitioner could not discharge the said burden even by referring to Exhibit-A. This Court is of the considered view that the basic ingredients for offence under Section 138 of Negotiable Instruments Act, 1881 were duly satisfied and the learned court below has not committed any error in rejecting the plea of the petitioner based on exhibit-A - criminal revision petition is dismissed.
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