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Issues: Whether the conviction and sentence for dishonour of cheque under the Negotiable Instruments Act called for interference in revision, and whether the accused had rebutted the statutory presumption arising from admitted issuance and signature on the cheque.
Analysis: The cheque, bank return memo, legal notice and service thereof supported the complainant's case. Once issuance of the cheque and the signature were admitted, a presumption of a legally enforceable debt arose in favour of the holder of the cheque. The accused was required to rebut that presumption, but the defence remained unsupported by reliable material. The revisionist's versions regarding loss of cheque, alleged delivery to another person, and alleged misuse were inconsistent and were not substantiated by the original complaint or by the statement recorded under Section 313 of the Code of Criminal Procedure, 1973. The reasoning of the courts below on guilt and on the award of compensation did not suffer from infirmity.
Conclusion: The presumption under the cheque dishonour law was not rebutted, and interference with the conviction or sentence was unwarranted.