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TMI Blog2023 (12) TMI 1235X X X X Extracts X X X X X X X X Extracts X X X X ..... as dismissed. Hence, he filed this Revision Petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Code). 2. Heard the learned counsel for the petitioner, the learned counsel for the 1st respondent and the learned Public Prosecutor. 3. The 1st respondent filed a complaint alleging that in discharge of the money due from the petitioner, he had issued a cheque for Rs.24 lakhs to the 1st respondent on 24.03.2015. When the cheque was presented for encashment, it was returned unpaid for want of sufficient funds in the account of the petitioner. A demand notice was sent and inspite of receipt of the same, the money due under the cheque as not paid. 4. The accusation was denied by the petitioner. PWs.1 to 3 we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the trial court despite allowing the petition requesting a comparison by the court, did not do so. The further contention of the learned counsel is that inspite of specific denial by the petitioner that Ext.P1 lacked consideration, no evidence to prove passing of consideration was let in by the 1st respondent. Ext.P6 is an agreement executed between the petitioner and the 1st respondent. In the second and third pages of that document, the 1st respondent did not affix his signature. That fact was not reckoned with by the courts below while placing reliance on the said document. Therefore, the learned counsel would submit that evidence is totally lacking to prove that Ext.P1 was duly executed and it is supported by consideration. 6. The lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the Negotiable Instruments Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt. 8. The petitioner has no case that the signature in Ext.P1 was not put by him. His case is that it was given as security only. In the light of the law laid down in the aforesaid decision, having issuance of Ext.P1 with his signature is admitted by the petitioner, presumption under Section 139 of the N.I.Act is liable to be drawn. The further question is whether the petitioner has succeeded in rebutting the presumption. 9. As stated, the main reason asserted both for dislodging execution of Ext.P1 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he drawer, but by another person, this is not relevant to the defence whether cheque was issued towards payment of a debt or in discharge of a liability. It was further held that it would be open to the accused to raise all other defences which they may legitimately be entitled to otherwise raise in support of his plea that the cheque was not issued in pursuance of a pre-existing debt or outstanding liability. 10. Viewed in the light of the aforesaid proposition of law the fact that the columns in Ext.P1 were filled not by the petitioner, but in a different handwriting is totally immaterial. Therefore, the contention that the petitioner did not get enough opportunity to adduce evidence to show that the handwriting in Ext.P1 is that of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion, but its consideration of the evidence is confined to find out the legality, regularity and propriety of the order impugned before it. When the findings rendered by the courts below are well supported by evidence on record and cannot be said to be perverse in any way, the High Court is not expected to interfere with the concurrent findings by the courts below while exercising revisional jurisdiction. [See: State of Kerala v. Puttumana Illath Jathavedan Namboodiri (1999) 2 SCC 452; Sanjaysinh Ramrao Chavan v. Dattatray Gulabrao Phalke (2015) 3 SCC 123; Kishan Rao v. Shankargouda [(2018) 8 SCC 165]. 13. In the light of the law laid down in the aforesaid decisions, this Court is not expected to substitute the concurrent finding of the co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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