TMI Blog2020 (2) TMI 1584X X X X Extracts X X X X X X X X Extracts X X X X ..... OF 2017 - - - Dated:- 19-2-2020 - ASHOK BHUSHAN AND K.M. JOSEPH, JJ. For the Appellant : Mahesh Jethmalani, Sr. Counsel For the Respondent : Vikas Singh, Sr. Counsel JUDGMENT 1. Heard Mr. Mahesh Jethmalani, learned Senior Counsel appearing for the Appellant and Mr. Vikas Singh, learned Senior Counsel appearing for the Respondent. 2. This Appeal has been filed against the Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued on 2.4.2015 by the Respondent, which was received by Appellant. Notice was replied denying the claim put forth by the Respondent. Hence, Complaint was filed before the Judicial Magistrate First Class. Judicial Magistrate First Class, taking into consideration materials on the record vide Order, dated 18.8.2015, took cognizance of offence and registered a Criminal Complaint Case No. 4664 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Paragraphs 23 32. The High Court in Paragraphs 23 32, which has been relied and referred by Counsel for the Appellant, observed: 23. The presumption available Under Section 139 of NI Act has to be rebutted and that rebuttal can only be done after adducing evidence. This, by itself clearly reflects that the rebuttal presumption cannot be looked into at the stage of the Court taking cogniz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to raise all these grounds at the stage of leading evidence including the defence of existence of legally enforceable debt or liability. However, there can be no doubt that at the time of filing of Complaint there was always initial presumption which would be in favour of the Complainant. 4. We are in full agreement with the opinion of the High Court expressed in the above noted Paragraphs, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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