2020 (3) TMI 138

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.... 2. As per the version of the appellant/complainant, he gave cash loan of Rs. 80,000/- to the respondent/accused and for that payment two cheque bearing No. 737011 dated 30.12.2007 for Rs. 60,000/- and No.737014 dated 15.01.2008 for Rs. 20,000/- of District Co-operative Bank Limited Durg, Branch Balod were issued by him in favour of the appellant. Both cheque were presented before the Bank for encashment in his account at State Bank of India in A/c. No.8086364 and both the cheque were dishonoured on account of insufficiency of fund in the account of the respondent. Thereafter legal notice was sent and even after receiving the notice the payment is not made, hence, complaint under Section 138 of the Act 1881 was filed before the said Court ....

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....re this Court is whether cheque for Rs. 80,000/- was drawn by the respondent in favour of the appellant for discharge of debt, whether the cheque deposited in the bank for clearance were returned unpaid on account of insufficiency of fund in the account of the respondent and whether after legal notice the respondent has not returned the amount of cheque to the appellant. 7. The appellant side adduced evidence of Prashant Parakh (PW-1), Branch Manager, Distt., Co-operative Central Bank, Balod Rohit Kumar (PW-2) and Assistant Manager Sanjay Sharma (PW-3) and exhibited documents P/1 to P/15. In rebuttal the respondent side submitted documents Ex-D/1 to D/11. From the statement of Prashant Parakh (PW-1), it is established that the loan was a....

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....rt, of any debt or other liability. Section 118 of the Act, 1881 reads as under: "118 Presumptions as to negotiable instruments. -Until the contrary is proved, the following presumptions shall be made:- (a) of consideration -that every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration; (b) as to date -that every negotiable instrument bearing a date was made or drawn on such date;" 9. It is not a case of the respondent that he has not signed the cheque. A meaningful reading of the provisions of the Act, 1881 makes it ample clear that the pers....