TMI Blog2021 (11) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... complainant. Presumptions are rebuttable ones and as stated in the provisions, it is the burden of the accused to rebut those or establish to the contrary. Signature in Ext.P1 is not disputed by the accused. The trial court has found upon evaluation of the evidence and the legal provisions that it is the burden of the accused to adduce cogent evidence to rule out the grab of legal provisions - this Court has no hesitation to hold in the light of the discussions made hereinabove and also on the basis of the dictums of the Apex Court in the cases relied on by the learned counsel for the appellant, the trial court has gone wrong in making observations of the nature. The burden undoubtedly is on the accused to rebut the presumptions avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by valid consideration or was not issued for a legally enforceable debt or liability. According to the learned counsel, once issuance of a cheque signed by the respondent and drawn from the Account maintained by him with his banker is admitted by him, the presumptions under Sections 118 and 139 of the NI Act would be attracted and those would be available to the complainant unless and until rebutted by the accused. It is also contented by the learned counsel that the trial court has passed the impugned judgment in total ignorance of Section 103 of the Indian Evidence Act, 1872 (for short, 'the Act'), which says that the burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sections 103 and 114 of the Act would be attracted in favour of the complainant. Presumptions are rebuttable ones and as stated in the provisions, it is the burden of the accused to rebut those or establish to the contrary. 6. Signature in Ext.P1 is not disputed by the accused. The trial court has found upon evaluation of the evidence and the legal provisions that it is the burden of the accused to adduce cogent evidence to rule out the grab of legal provisions. But, after drawing some surmises as incorporated in paragraphs 10 and 11 of the judgment under challenge which is extracted hereunder, the complaint was dismissed by the court below. 10. He adduced his testimony to establish the writing. PW1 gave the version that it was a w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to hold in the light of the discussions made hereinabove and also on the basis of the dictums of the Apex Court in the cases relied on by the learned counsel for the appellant, the trial court has gone wrong in making observations of the nature as extracted above. 8. The burden undoubtedly is on the accused to rebut the presumptions available to the complainant under Sections 118 and 139 N.I.Act. This Court on an appreciation of the entire evidence on record, is convinced that the accused was unsuccessful in discharging his burden to rebut the presumptions. Therefore, the prosecution ought not to have been held by the trial court as failed. The trial court undoubtedly has gone wrong in holding so, and consequently dismissing the com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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