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2022 (1) TMI 101 - MADRAS HIGH COURTDishonor of Cheque - Insufficient funds - benefit of presumption under Section 139 of the Negotiable Instruments Act - legally enforceable debt or not - sufficient evidences present or not - HELD THAT:- In the case in hand the rebuttal circumstances taken up by the defence is not even consistent enough to rebut the initial presumption drawn in favour of the appellant /complainant. The case of the appellant/complainant is not improbable in the absence of a consistent defence. The accused did not challenge the financial capability of the appellant /complainant to lend the cheque amount as loan. The complainant’s denial about his partnership with Royal Finance is of no consequence to the accused, when the accused himself has given confusing statement about his transactions with Royal Finance. Though the learned trial Judge had appreciated this difference in the given time of the respective transactions and other circumstances, the learned Appellate Judge omitted to do so. Though the learned Sessions Judge had applied the right principle of law, that is not applicable to the facts and evidences available in the present case. This Criminal Appeal is allowed.
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