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2021 (9) TMI 559 - HC - Indian LawsDishonor of Cheque - Calling for the entire records relating to complaint - rebuttal of presumption - ulterior motive to cheat the respondent/complainant or not - Section 482 of Cr.P.C. - HELD THAT:- The issuance of the disputed cheque by the petitioner is admitted and established. Primarily, once the issuance of cheque is admitted/established, the presumption would arise under Section 139 of the N.I. Act in favour of the holder of cheque and the burden lies upon the accused to rebut the presumption by adducing evidence. As held by the Hon'ble Supreme Court in the case of Rajeshbhai Muljibhai Patel [2020 (2) TMI 412 - SUPREME COURT], until the accused discharges his burden, the presumption under Section 139 of N.I. Act will continue to remain and it is for the accused to adduce evidence to rebut the statutory presumption. The Hon'ble Supreme Court has further held that the case therein involves various disputed questions of facts which need to be adjudicated after the parties adduce evidence, and the complaint under Section 138 of the N.I. Act ought not to have been quashed by the High Court by taking recourse to Section 482 Cr.P.C. Though the Court has power to quash the criminal complaint filed under Section 138 of the N.I. Act on the legal issues like limitation, etc., criminal complaint filed under Section 138 of the N.I. Act ought not to have been quashed and further held that, under Section 482 Cr.P.C., it is for the Court to decide there is prima facie case made out by the petitioner to quash the same - Petition dismissed.
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