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2018 (12) TMI 440

Dishonor of Cheque - insufficiency of funds - rebuttable presumption or not - Held that:- The mere factum of dishonor, of, the afore dishonoured negotiable instrument, does rear, a rebuttable presumption, qua, hence it standing issued towards, a, legally enforceable debt or liability, erupting inter se, the complainant and the accused. However, the afore presumption is rebuttable. - The learned trial Court has appraised the entire evidence on record in a wholesome and harmonious manner apar .....

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asis and as such, the complainant financed the accused and used to deal with all works issued upon the name of the accused. The complainant has submitted that from the year 2003 to 2006, both of them worked jointly and the accused was under a liability of ₹ 6,55,000/-, which was to be paid by the accused to him upto August 2006, but he paid only ₹ 1 lac through cheque bearing No.072936 dated 25.8.2006, and, for the balance payment he issued another cheque No.789288 dated 30.8.2006 fo .....

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pleaded false implication. However, he has examined two witnesses in his defence. 4. On an appraisal of the evidence on record, the learned trial Court, returned findings of acquittal in favour of the accused/respondent herein. 5. The complainant is aggrieved by the judgment of acquittal recorded in favour of the accused/respondent, by the learned trial Court. The learned counsel appearing for the complainant/appellant herein, has, concertedly and vigorously contended qua the findings of acquitt .....

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t. The mere factum of dishonour, of, the afore dishonoured negotiable instrument, does rear, a rebuttable presumption, qua, hence it standing issued towards, a, legally enforceable debt or liability, erupting inter se, the complainant and the accused. However, the afore presumption is rebuttable. The evidence to rebut the afore presumption is marshalable, from, Ex. D-2, (i) comprising the cheque book, unfolding qua two cheques respectively bearing No. 789287 and No. 789289 hence being issued the .....

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espousal rather wanes as well as subsides, and, the inevitable sequel thereof, is qua the issuance of the dishonoured negotiable instrument, being not towards any legally enforceable debt or liability inter se the accused and the complainant. 9. Furthermore, the scribings of the recitals in Ex.CW2/B, stand testified by the complainant while rendering his testification, borne in his crossexamination, to be rather filled by him, testification whereof, when stands coagulated, with, the factum, of, .....

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