2009 (2) TMI 908

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..... f of the parties. 2.This is a Complainants appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881. 3.The Complainant had lent to the accused a sum of ₹ 1.10 lacs against a pronote and a blank signed cheque on 5/07/2001. This cheque was completed by the Complainant, and according to him, on 14/02/2003 after consultation with the accused. When t .....

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..... the amount was paid to the Complainant, the passbooks were produced at Exhibit 27 Colly and the highlighted portions on the said passbooks showed that there was the name of the Complainant figuring in the said passbooks of the accused. The learned trial Court also observed that the Complainant in his cross-examination had admitted that only ₹ 8,000/- were paid by the accused against the clai .....

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..... 138 of the Act is not attracted. 6.In other words, the accused had sufficiently rebutted the presumption available to the Complainant that the subject cheque was issued in payment of debt or liability to the extent of ₹ 1.10 lacs. In this view of the matter, the acquittal of the accused could not be faulted. 7.There is no substance in this appeal. Consequently, the same is hereby dismisse .....

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