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TMI Blog2020 (2) TMI 1584X X X X Extracts X X X X X X X X Extracts X X X X ..... ring for the Appellant and Mr. Vikas Singh, learned Senior Counsel appearing for the Respondent. 2. This Appeal has been filed against the Judgment of the High Court, dated 6.9.2016 by which Criminal Miscellaneous Petition No. 965 of 2016, filed by the Appellant, praying for quashing the Order, dated 18.7.2016 passed by Sessions Judge, Bilaspur in Criminal Revision No. 92 of 2016 has been dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on materials on the record vide Order, dated 18.8.2015, took cognizance of offence and registered a Criminal Complaint Case No. 4664 of 2015. Criminal Revision was filed against the said Order before the District Judge, which was dismissed by the District Judge on 18.7.2016. For quashing the said Order, Criminal Revision No. 965 of 2016 was filed. 3. Mr. Mahesh Jethmalani, learned Senior Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ucing evidence. This, by itself clearly reflects that the rebuttal presumption cannot be looked into at the stage of the Court taking cognizance of the offence and registering the case air that Court would have to see is whether there is a prima facie case made out meeting the conditions precedent as envisaged Under Section 138 of NI Act, which in the instant case, in the opinion of this Court, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be in favour of the Complainant. 4. We are in full agreement with the opinion of the High Court expressed in the above noted Paragraphs, which has been referred by learned Counsel for the Appellant. It is well settled that the rebuttal can be made with reference to the evidence of the Prosecution as well as of Defence. 5. We, thus, at this stage do not find any error in the impugned Judgment o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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