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2022 (1) TMI 707 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - discharge of legally enforceable debt or not - rebuttal of statutory presumption - HELD THAT:- Presumptions are rules of evidence and do not conflict with the presumption of innocence, because by the latter all that is meant is that the prosecution is obliged to prove the case against the accused beyond reasonable doubt. The obligation on the prosecution may be discharged with the help of presumptions of law or fact unless the accused adduces evidence showing the reasonable probability of the non-existence of the presumed fact. During cross-examination, it is noticed by this court that the complainant did not make any attempt to deny about the said factual aspects, as surfaced from the chief-examination of DW-2. During cross-examination, it has further come to light that the said amount of ₹ 14 lakh was paid to the complainant out of the liability of the entire partnership firm. Both DW- 1 and DW-2 have affirmed that though the payment of ₹ 14 lakh to the complainant was out of the liability of the partnership firm, but, since there was no sufficient fund in the account of the partnership firm, the respondent no. 1 had issued a cheque of ₹ 14 lakh to the complainant from his personal account - during examination under Section 313 Cr.P.C., the respondent no. 1 has specifically stated that he had issued two cheques to the complainant on good faith and the complainant had returned the cheque being no. 648413, but, he did not return the cheque being no. 648416. Moreso, this plea of the respondent no. 1 has been proved when he adduced evidence to support his plea. In the instant case, the respondent no. 1 came forward to adduce evidence and in the opinion of this court, the respondent no. 1 had successfully rebutted the presumption of law, which is supposed to be drawn in favour of the appellant-complainant - Since this court is satisfied that the view taken by the learned trial court is a probable one, then, this court is not inclined to disturb or dislodge the findings of the learned trial court. It is settled proposition of law that when there are two probable views, the view favourable to the accused should be accepted by the court. Appeal dismissed.
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