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2022 (4) TMI 356 - HC - Indian LawsDishonor of Cheque - failure to prove execution of the cheques beyond reasonable doubt - signing of the cheques itself is execution of it, or otherwise? - ingredients to constitute the offence under Section 138 N.I. Act are established, or not - prosecutions launched under Section 142 of the Negotiable Instruments Act, 1881 - HELD THAT:- The issuance of a signed blank cheque is admitted by the accused. According to him, the entries in Ext. P1 cheque were not filled by him. Accordingly, the accused attempted to draw a distinction between signing a cheque and executing it. It is not necessary that the complaint must contain all particulars of the alleged transaction in which the disputed cheque was issued - It is found that materials indicative and communicative of the alleged transaction are incorporated in the complaint. Moreover, the accused failed to dispute the source of the complainant to advance the money. The dispute on source of income is found raised for the first time in the revisions on hand. The defence of the accused was that signed cheque was issued as security in a transaction of borrowal of ₹ 5,00,000/- from the complainant. It is pertinent to note that, no evidence was adduced by the accused to discharge the onus of rebutting the presumption by proving on the contrary. During examination under Section 313 Cr.P.C his specific stand was that of innocence. He failed to say anything in tune with the defence he had taken in the complaint - the arguments advanced were also found raised both before the trial court as well as the Apex Court. The courts below considered the arguments in the proper perspective and arrived at a finding of guilt of the accused concurrently and convicted and sentenced him. A jurisdictional error having not been raised against the impugned judgments, revisions are not liable to be admitted - revision dismissed.
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