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2022 (9) TMI 791 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - acquittal of the accused - rebuttal of statutory presumption - Section 118 and 138 of NI Act - HELD THAT:-The non production of license or permission issued to the complainant to run the chit is neither relevant nor vital. The issuance of cheque and dishonour of the same is the pivotal point for determination in the case in hand. The authorisation letter marked as Ex.P1 is substantially sufficient to sustain the private complaint by a registered company. In the light of the presumption under Section 118 of the Negotiable Instruments Act, 1881, the complainant is expected to prove the fundamental facts like, issuance of cheque and prima facie evidence to show that the said cheque was issued to discharge an enforceable debt. So, even without adverting to the evidence on the side of the complainant, on the reading of DW-1 testimony, it is seen that the accused admits he had chit transaction with the complainant company - To rebut the presumption of legally enforceable debt, the accused rely upon three documents. But they had not substantiated the defence, contrarily only confirm the case of the complainant. Ex.D1 pass book is in respect of group G2 E1459 GAN ticket 04. The entries indicates that as on 19.05.2010, the accused is liable to pay the amount of Rs.53,058/-. Ex.D2 is the receipt to show that the accused paid a sum of Rs.5,600/- by way of cash. Ex.D3 is the notice issued by the lawyer on behalf of the complainant company to the accused that towards the chit prized money received there is a running balance of Rs.39,442/- is due and payable and further a sum of Rs.9,456/- payable towards default interest. It is to be presumed that the cheque, which was presented for the second time within the period of 6 months is re-represented and statutory notice dated 14.12.2011 marked as Ex.P6 is a valid statutory notice - this Court finds that the dismissal of the complaint is erroneous. Hence, it is liable to be set aside - Appeal allowed.
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