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TMI Blog2015 (3) TMI 1442X X X X Extracts X X X X X X X X Extracts X X X X ..... l Original Petition is filed to grant leave to prefer an appeal against the judgment of acquittal acquitting the respondent under Section 138 of the Negotiable Instruments Act. 2. Heard the learned counsel appearing for the petitioner and perused the materials available on record. 3. The learned counsel appearing for the petitioner would submit that the respondent herein had admitted the issuanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e submissions made by the learned counsel appearing for the petitioner and perused the typed set of papers. 5. The petitioner herein as a complainant filed a complaint stating that during the month of October 2006, the respondent herein had borrowed a sum of Rs. 2,00,000/- and agreed to repay the same with interest at the rate of 24% per annum within two months. However, the respondent did not re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 118 and 139 of the Negotiable Instruments Act, which is a rebuttable presumption. The Trial Court has held that the respondent herein has rebutted the presumption by way of examining the witnesses D.W.1 to D.W.3 and marking Ex.D.1 to Ex.D.6. 6. A bare perusal of the entire documents would show that the amount of Rs. 50,000/- was paid by the petitioner to the respondent by way of Ex.D.1/Cheque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er he has not mentioned the amount alleged to have lent to the respondent in his IT returns. 8. Considering all the above aspects, the Trial Court has rightly held that the respondent has rebutted the presumption under Section 139 of the Negotiable Instruments Act. When the onus is shifted to the petitioner to prove that the cheque was issued for discharging the legally subsisting liability, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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