2020 (3) TMI 75

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....dent borrowed a sum of Rs. 25,000/- from him and issued a cheque of Allahabad Bank, Branch Kasaridih, Durg bearing No.000371 amounting to Rs. 25,000/- in discharge of the said liability on 7-8-2011. The said cheque was presented for clearance but it was dishonoured due to insufficient funds. Appellant issued a notice to the respondent for payment of his money but the amount was not paid that is why complaint was filed which resulted into acquittal. 3. Learned counsel for the appellant submits as under: i) From the evidence of complainant Alok Kumar (PW/1), and Gayatri (PW/2), it is established that respondent borrowed a sum of Rs. 25,000/- from the appellant/complainant and for discharge of liability respondent issued a cheque i....

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....ank, Branch Kasaridih, Durg bearing No.000371 in discharge of the said liability on 7-8-2011. The said cheque was presented for clearance but it was dishonoured due to insufficient funds. He issued a notice to the respondent for payment of his money but no amount was paid. Version of this witness is supported by version of Ex.P/1, dishonour memo (ExP/2), Notice (Ex.P/3) and acknowledgement (Ex.P/5). 8. As per Section 139 of the Negotiable Instruments Act,1881, It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability. Section 118 of the Act, 1881 reads as under: "118 Presumpti....

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....x Act, 1961 is matter between revenue and assessee, but same is not relevant because it is proved that money was borrowed by the respondent. Corroborative piece of evidence is not a rule of law, but it is a rule of prudence and presumption under Section 139 of the Act, 1881 is rule of law and presumption has to be drawn by the court as per Section 139 of the Act, 1881. When presumption is not rebutted, charge under Section 138 of the Act, 1881 is established. 10. On an overall assessment, it can be said that the finding of the trial Court is against weight of the evidence and same is not legal because it is contrary to the provisions of the Act, 1881. In view of the evidence of both sides, argument advanced on behalf of the respondent is....