2015 (3) TMI 1442

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.... Original Petition is filed to grant leave to prefer an appeal against the judgment of acquittal acquitting the respondent under Section 138 of the Negotiable Instruments Act. 2. Heard the learned counsel appearing for the petitioner and perused the materials available on record. 3. The learned counsel appearing for the petitioner would submit that the respondent herein had admitted the issuance....

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.... submissions made by the learned counsel appearing for the petitioner and perused the typed set of papers. 5. The petitioner herein as a complainant filed a complaint stating that during the month of October 2006, the respondent herein had borrowed a sum of Rs. 2,00,000/- and agreed to repay the same with interest at the rate of 24% per annum within two months. However, the respondent did not rep....

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....on 118 and 139 of the Negotiable Instruments Act, which is a rebuttable presumption. The Trial Court has held that the respondent herein has rebutted the presumption by way of examining the witnesses D.W.1 to D.W.3 and marking Ex.D.1 to Ex.D.6. 6. A bare perusal of the entire documents would show that the amount of Rs. 50,000/- was paid by the petitioner to the respondent by way of Ex.D.1/Cheque ....