2021 (11) TMI 512

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...., 'the N.I Act'). The parties have adduced evidence and based on the evidence, the trial court has found that the appellant failed to establish the execution of the cheque by the respondent and accordingly, the impugned judgment was passed. 2. It is contended by Adv.Rajit, the learned counsel for the appellant that the burden is on the accused to establish that the cheque issued was not supported by valid consideration or was not issued for a legally enforceable debt or liability. According to the learned counsel, once issuance of a cheque signed by the respondent and drawn from the Account maintained by him with his banker is admitted by him, the presumptions under Sections 118 and 139 of the NI Act would be attracted and those ....

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....hoever be the person handed over the cheque to the complainant the possession of Ext.P1 being with him, and Ext.P1 having been established by the complainant as drawn from the account of the accused maintained with his banker, in view of Section 20 of the N.I.Act, who authored the writings in it, is immaterial. Such being the context, undoubtedly the presumptions under Sections 118 and 139 of N.I.Act and Sections 103 and 114 of the Act would be attracted in favour of the complainant. Presumptions are rebuttable ones and as stated in the provisions, it is the burden of the accused to rebut those or establish to the contrary. 6. Signature in Ext.P1 is not disputed by the accused. The trial court has found upon evaluation of the evidence an....

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....2,00,000/- to the accused without taking any security from the part of the complainant is also doubtful. After elapsing five months from date of alleged the chances for issuing a cheque is also brings or effects some doubt. It is most pertinent to see that the accused came there with a fully filled up cheque and subscribed the signature in the presence of the complainant." 7. This Court has no hesitation to hold in the light of the discussions made hereinabove and also on the basis of the dictums of the Apex Court in the cases relied on by the learned counsel for the appellant, the trial court has gone wrong in making observations of the nature as extracted above. 8. The burden undoubtedly is on the accused to rebut the presumptions a....