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TMI Blog2018 (8) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... such a defence and it is conceivable that in some cases the accused may not need to adduce evidence of his/her own”. The petitioner accused has presented those facts, i.e., the defence of the petitioner-accused. These facts must be produced before the Trial court then Trial Court will consider all the facts produced by the petitioner accused - Application dismissed. - M. Cr. C No. 17397/2016 - - - Dated:- 1-8-2018 - Rajendra Kumar Srivastava, J. Mr. Vijay Shankar Pandey, Advocate for the applicant None for the respondent ORDER Per : Rajendra Kumar Srivastava, J This Miscellaneous Criminal Case has been instituted on an application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en running a show-room titled as Akanksha Trading Company. 5. One of his relative Mahendra Singh Rajput was in search of employment. The petitioner/accused in view of extending his business has also taken the dealership of Sonalika Tractors at Badi Bareli in the name of Akanksha Agency, Sonalika Tractor. Mahendra Singh Rajput was looking after the management of showroom at Badi Bareli for two years, including the transactions with the Bank. Petitioner accused had left the cheque-books in the office of company at Badi Bareli. After some time Mahendra Singh Rajput started his own business at Badi Bareli in the name of Priyanka Tractors. Due to mismanagement, the petitioner accused has also closed his showroom at Badi and on 15.7.2012. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pending before the Court of Chief Judicial Magistrate, Narsinghpur. 6. Section 138 of the Negotiable Instruments Act, 1881, relevant in this case, reads as under: 138. Dishonour of cheque for insufficiency, etc., of funds in the account. -Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of the provisions was served on the person sought to be made liable; 5. Despite service of notice, neither any payment was made nor other obligations, if any, were complied with within fifteen days from the date of receipt of the notice. Prima facie all the above ingredients are available in this case. 8. Section 139 of the Negotiable Instruments Act, 1881 reproduced as under: 139. Presumption in favour of holder.-It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability. 9. In Rangappa v. Sri Mohan [(2010) 11 SCC 441] it is held by Hon ble Supreme Court t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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