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TMI Blog2020 (2) TMI 1245X X X X Extracts X X X X X X X X Extracts X X X X ..... f the appellant/complainant, on 27.5.2015 one cheque was given by the respondent/accused to the appellant for a sum of Rs. 2 lakh. The said cheque was presented in the Syndicate Bank, Main Branch Raipur from where endorsement was made and information was given to the appellant stating that there is insufficient fund on the account of the respondent. After the said dishonour of the cheque, the appellant sent a registered legal notice through his counsel on 18.9.2015. The notice was duly accepted by the respondent and thereafter the respondent issued fresh cheque in favour of the appellant on 20.9.2015 to the tune of Rs. 2 lakh which was returned by the bank for the reason and description of insufficient fund. Again notice was issued to the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (PW-1), Chief Manager, Karnataka Bank Ltd. Branch Fafadih Chouk, Raipur namely Santosh Kumar (PW-2) and Special Assistant, Syndicate Bank, Branch Ramsagarpara Raipur namely SK Agrawal (PW-3) and exhibited documents P/1 to P/15. The respondent side exhibited document D/1. Complainant Santram Sahu (PW-1) deposed before the trial Court that the respondent borrowed sum of Rs. 2 lakh on 30.12.2014 and he has assured that the amount shall be repaid by 15.5.2015. For discharging his liability, the respondent issued cheque bearing No.223661 of Karnataka Bank Ltd. Branch Fafadih Chouk, Raipur to the tune of Rs. 2 lakh but the same was dishonoured on 18.9.2015. As per the version of this witness, he issued notice to the respondent and thereafter he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eceived the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability. Section 118 of the Act, 1881 reads as under: "118 Presumptions as to negotiable instruments. -Until the contrary is proved, the following presumptions shall be made:- (a) of consideration -that every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration; (b) as to date -that every negotiable instrument bearing a date was made or drawn on such date;" 10. Presumption is rebuttable, but there is nothing on record to rebut the presumption. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccordingly, the respondent is sentenced to pay fine of Rs. 2,70,000/- (Rupees Two lakh seventy thousand only) for offence under Section 138 of the Act, 1881. The trial court shall make effort to liquidate the amount as per provisions of CrPC. It is made clear that if the respondent is sent to jail for non-recovery of amount, the payment of amount shall not be discharged because his detention in jail is a mode of recovery and same is not satisfaction of liability, therefore, his liability shall be discharged only when he pays the amount of Rs. 2,70,000/-, It is directed that if the amount is not deposited within fifteen days the amount shall further carry interest @ 6% per annum in principle amount of Rs. 2 lakh till the realization of the e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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