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2022 (7) TMI 421 - HC - Indian LawsDishonor of Cheque - cheque was issued towards repayment of friendly loan - rebuttal of statutory presumptions - Section 138 of N.I. Act - HELD THAT:- In the present case, perusal of evidence available on record clearly indicates that, there is not a whisper in the complaint so also in the examination-in-chief of Appellant that on which date or in month he advanced the alleged friendly loan to Respondent No.1. His evidence is also silent with respect to the fact that, as to how he advanced friendly loan of Rs.5,00,000/- to Respondent No.1, i.e. in cash or by way of bank transfer. There is no agreement in writing on record or any receipt executed by Respondent No.1 towards acceptance of the said friendly loan. It is to be noted here that, the Appellant in his evidence has admitted that, his annual income was Rs.2,00,000/- and he is a income tax payer. The Appellant has failed to establish, as to when the cheque in-question was issued by Respondent No.1. As noted earlier, Appellant has failed to establish the fact that, when he actually advanced the alleged hand loan to Respondent No.1. In this context, it is to be noted here that, Respondent No.1 on 24th August 2005 itself had intimated the fact of loss or theft of her signed cheques/cheque book to the Manager of Central Bank of India, Sion Branch, Mumbai, by issuing a letter. She had also given intimation to the Manager of the said bank for closure of her bank account by a separate letter - the presumptions as contemplated under Sections 118 & 139 of N.I. Act are not available to Appellant. A minute scrutiny of the evidence on record leads to draw a safe inference to hold that, the Respondent No.1 has rebutted the statutory presumptions by leading cogent evidence in that behalf. Taking into consideration the defence put forth by Respondent No.1, it can further be inferred that the Appellant might have misused the lost or stolen cheques while initially issuing the statutory notice and subsequently lodging the present complaint. Perusal of entire record would clearly lead to a safe conclusion that, the Appellate Court has appreciated the evidence available on record in its proper perspective and has not committed any error either in law or on facts while passing the impugned Judgment and Order. Appeal dismissed.
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