2019 (10) TMI 1483

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....lso costs of Rs. 20,000/- (Rupees Twenty Thousand) total Rs. 5,20,000/- (Rupees Five Lakhs Twenty Thousand) 3. Brief facts while led to filing of this appeal by way of special leave petition is as under. The Appellant-Accused and the Respondent-complainant entered into an Agreement of Sale dated 28.02.2012 as per which the Appellant-Accused agreed to sell the property, registered owner of which is the mother of the Appellant, in favour of the Respondent-complainant. The parties have agreed that the sale consideration of the said property would be Rs. 25,00,000/- (Rupees Twenty Five Lakhs) and the Respondent-complainant has paid an advance of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand) under the said Agreement dated 28.02.2012. Due to ....

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.... Appellant has not disputed his signature on the said cheque presented for clearance and that there is nothing on record to show that the said Firm by name Synergy and Solution Incorporation was a firm or a company and that the account was maintained by one Vipin Dhopte. The High Court has also held that it is not the case of the Appellant-Accused that other entries in said cheque is not in his own handwriting. The High Court has held that the Trial Court has not appreciated the evidence in the right perspective and in the light of the provisions of Section 139 of the N.I. Act which create statutory presumption in favour of the holder of cheque and the burden is on the Accused to rebut the statutory presumption. Observing that there is suff....