TMI Blog2010 (8) TMI 1151X X X X Extracts X X X X X X X X Extracts X X X X ..... JMFC., Udupi in C.C.No.3207/04. 2. the complaint filed by the complainant for dishonour of the cheque issued by the accused for ₹ 4,00,000/- came to be dismissed on the ground that, the accused has placed sufficient and probable evidence and also immediately sent a reply legal notice to the complainant and also filed the complaint and as a precautionary measure, to prevent the misuse of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted. The trial Court, without considering the fact that the initial presumption is there in favour of the complainant, apart from producing the documents like on demand promissory notes and receipts for having lent the amount, only on technical grounds without considering the case of the complainant in the proper perspective, has acquitted the accused. 5. The learned Counsel appearing for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and apart from the cheque, on demand promissory note and as well as the receipts for having received the amount have been produced, even as per Section 139 of the N.I.Act, the initial presumption is in favour of the holder of the checue as is held in the case of Rangappa Vs. Mohan reported in AIR 2010 SC 1898 and the liability is on the accused to disprove the fact of non-issuance of cheque and ot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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