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Issues Involved:
The complainant seeks leave to appeal against the judgment in a case u/s 138 of the Negotiable Instrument Act 1881. Judgment Details: Issue 1: Allegation of stolen cheque and lack of proof of consideration The complainant alleged that the accused gave a cheque towards repayment of a loan, but the accused claimed the cheque was stolen. The Trial Court found the complainant's case unconvincing as he could not provide details of the property for which the loan was supposedly given, and key witnesses were not examined. The Court noted the dishonour of the cheque due to a court attachment, but neither party clarified the reason for the attachment. Issue 2: Presumption of debt based on cheque issuance The complainant argued that since the accused's defense was disproved, the presumption that the cheque was for a debt should apply. However, the accused contended that the lack of receipts for multiple alleged loan transactions made the complainant's story implausible. The accused also highlighted the complainant's failure to respond to the accusation of stealing the cheque, which could have led to adverse inferences. Issue 3: Burden of proof and presumption under the Negotiable Instruments Act Citing legal precedents, the Court emphasized that the burden of proof lies with the plaintiff to establish consideration for a negotiable instrument. The defendant can disprove consideration by raising a probable defense, shifting the burden back to the plaintiff. The Court noted that the accused successfully cast doubt on the existence of consideration in this case, especially due to the absence of a key witness and lack of supporting documentation. Conclusion: Based on the evidence and legal principles, the Court upheld the Trial Court's decision, stating that it was the only reasonable view considering the lack of proof of consideration and other inconsistencies in the complainant's case. The application for special leave to appeal was dismissed, affirming the Trial Court's findings.
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