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TMI Blog2021 (10) TMI 1359X X X X Extracts X X X X X X X X Extracts X X X X ..... rt). 3. The complainant is the sole proprietor of M/s. Industrial Fuel Consultants. He instituted complaint under section 138 of the Act, the gist of which is thus: The accused deals in coal under the name and style "Ravi Coal Depot". The complainant supplied coal to the accused from time to time and while the accused paid some sum, some remained unpaid. Towards the payment of the unpaid amount, the accused issued cheque drawn on Bank of Maharashtra, Dharampeth Branch, dated 3.8.1999, bearing Number 082565, which was dishonoured for want of sufficient funds. The complainant issued notice, which was duly served, the accused did not make the payment within the statutorily prescribed period and an offence punishable under section 138 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... demand draft, the accused opened bank account at Nagpur. The complainant denies the suggestion that blank cheques duly signed were given to him by the accused to facilitate obtaining the demand draft. The complainant denies the suggestion that he misused one such cheque since the accused terminated his agency. 6. The learned Magistrate was pleased to acquit the accused inter alia recording a finding that the complainant failed to prove that he was engaged in purchase and sale of coal. The learned Magistrate noted that the complainant was not in a position to disclose the quantity of coal allegedly supplied to the accused, or the amount paid by the accused and the balance due. The learned Magistrate noted that the complainant did not place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Basalingappa v. Mudibasappa, AIR 2019 SC 1983. 8. The submission canvassed by Mrs. Radhika Bajaj that the presumption under section 139 of the Act is triggered, is unexceptionable. I need not burden the judgment by referring to the consistent view of the Hon'ble Supreme Court and this Court, that it is mandatory to invoke the statutory presumption in such cases. However, while the presumption is indeed triggered, the presumption is rebuttable. The burden on the accused is to make out a probable defence. The accused need not step into the witness box or adduce direct evidence. It would suffice if the accused is in a position to create a reasonable doubt that the version of the complainant is false. In the factual matrix, the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X
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