TMI Blog2019 (8) TMI 1897X X X X Extracts X X X X X X X X Extracts X X X X ..... sed has not disputed the issuance of cheque under his signature. He has failed to bring on record that the transaction between the complainant and himself was of any other nature than the claim made by the complainant. In the absence of any material on record, the presumption in favour of the complainant about the issuance of the cheque or discharge of legally enforceable debt and liability cannot be said to be rebutted as required by the law. On the contrary, the complainant has proved and her evidence establishes that the complainant has paid Rs.2,90,000/to the accused by way of handloan from time to time. Thus, no illegality or perversity is noticed in the judgment and orders passed by the Courts below. Hence, no interference is requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lainant, she has withdrawn the said amount from time to time between 11.6.2015 and 29.8.2015 on various dates. The husband of the complainant had withdrawn the said amount from his pension account through ATM of Punjab National Bank, Kamptee Road, Nagpur. The said amount was received by the husband by way of retirement benefits and as such, it was his hard earned money amount. The statement of the accounts reflects the withdrawals of the amount. The accused assured that the said amount would be repaid in the month of May, 2016. Accordingly, the cheque bearing No. 486160 dated 4.5.2016 drawn on Punjab Sind Bank from his account No.09101000004612. The complainant presented the said cheque for encashment to State Bank of India, Panchpaoli Br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n from the ATM of Punjab National Bank, Kamptee Road Branch and was paid through her husband for making payment to the accused. However, the accused has not kept his words and has not repaid the said amount. However, in the month of May,2016 the accused issued a cheque (Exh.21) bearing No. 486160 drawn on Punjab and Sind Bank from his Account No.0910100004612. On presentation of the said cheque in the bank, it was not encashed and returned with the remarks funds insufficient . 8. During the crossexamination, the complainant conceded that she is running a Mahila Bachat Gat several women deposited the amount in the same. It was also suggested to the complainant that the accused had issued a blank cheque with stamp paper. It was further su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has issued a blank cheque only towards security to the complainant. The aspect that the accused was friendly with the complainant and based on the said relationship, the complainant has handed over the amount of Rs.2,90,000/to the accused remained unchallenged in the crossexamination. Even the signature of the accused on the cheque remained undisputed. In view thereof, the statutory assumption is in favour of the complainant that the cheque was issued towards the legally enforceable debt and liability by the accused and the accused has failed to disprove the said presumption. Similarly, there is no crossexamination that the blank cheques were issued towards the security by he accused at the time of entering into the transaction. Thus, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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