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2023 (11) TMI 1122 - KARNATAKA HIGH COURTDishonour of Cheque - no proper service of notice - complainant has not proved his case - do the question of rebuttal arise? - HELD THAT:- Once the cheques are placed before the Court and the petitioner has not denied the signatures available in the cheques, except a general denial that he has not issued the cheques, he has not given any explanation. The Trial Court has rightly drawn the presumption under Sections 118 and 139 of Negotiable Instruments Act and once the issuance of cheque is proved by the complainant, the same has to be rebutted and no such rebuttal evidence is placed by the petitioner. Though he has been examined before the Court, in his chief evidence, except denying the service of notice and issuance of cheques, no material is placed before the Court to substantiate this contention. The First Appellate Court also having reassessed the material on record, in Para No.13, taken note of both oral and documentary evidence placed on record and with regard to proving of the transaction, the complainant has relied upon Exs.P11 to P17, credit bills and in order to rebut the claim of the complainant, no documents are produced and though the accused took the contention that those three cheques were issued to the son of the complainant towards chit transaction, nothing is stated in his chief evidence that those three cheques were given to the son of the complainant his evidence is silent with regard to the same and the defence has remained as a defence. Thus, no error committed by the Trial Court and the First Appellate Court in appreciating both oral and documentary evidence placed on record and unless the Trial Court and the First Appellate Court fail to consider the material on record, the question of invoking revisional jurisdiction does not arise. The Court can exercise its revisional jurisdiction, only if the material evidence is not considered by the Courts below and if the order suffers from its legality and correctness. The petitioner has not made out any ground to exercise revisional jurisdiction and there is no merit in the revision - answered in negative. The revision petition is dismissed.
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