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TMI Blog2024 (9) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... n 138 of the Negotiable Instruments Act, 1881 [NI Act]. 2. As per the complaint filed by the petitioner, the petitioner and the respondent were on friendly terms for the past 10-12 years. Sometime in the first week of January, 2016, the respondent had approached the petitioner for a friendly loan of Rs.15,00,000/- [Rupees Fifteen Lakhs Only] for his personal business needs and the same was extended by the petitioner to him sometime in the second week of January, 2016. In exchange for receiving the said friendly loan amount, the respondent had given original property documents of his property bearing No.B-181, Arjun Nagar, Nangli Vihar, Najafgarh, New Delhi-110043 to the petitioner as also two post-dated cheques bearing No.675042 dated 21.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deed the signature(s) of the respondent since the presentation of the cheques in question by the petitioner and their subsequent dishonour was nowhere denied by the respondent; and that since, based on settled principles of law, there is a presumption in favour of the petitioner, therefore, the onus lay upon the respondent to prove the contrary and lastly since the petitioner had complied with all the requirements mandated under Section 138 of the NI Act, therefore, the respondent ought to have been convicted for the offence punishable under Section 138 of the NI Act. 5. Learned counsel for the respondent submitted that merely because the respondent has not denied that the cheques in question belong to him, therefore, the presumption under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The 'drawer' has drawn a cheque for 'discharge' of an 'existing debt or liability'. b. The said cheque has to be presented 'within 3 months' or within its validity period, whichever is earlier. c. The cheque has to be dishonoured/ returned 'unpaid' due to 'insufficient funds' or due to it 'exceeding' the amount arranged. d. Apropos the above, the 'drawee' has to make a demand qua the payment of the cheque amount by way of a written legal notice to the 'drawer' of the cheque within a further period of '30 days' of the said dishonour. e. The drawer of the cheque must fail to make the payment of the cheque amount within a further period of '15 days' of receipt of the aforesaid notice. 8. Once the aforesaid essential ingredients, havin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he cheques in question are themselves shrouded in mystery as there is no clarity qua the facets of as to firstly, who had filled them, secondly, when were they issued and lastly, where were they issued. In essence thereof, as the petitioner was unable to discharge the statutory burden cast upon him, there was no occasion for the presumption under Section 139 of the NI Act arising in his favour. 12. In fact, the petitioner was unable to prove anything as regards to his alleged long standing friendly relations with the respondent or as regards any cogent reasons for him allegedly extending an amount of Rs.15,00,000/- to the respondent. Further, the petitioner has not been able to provide any reasonable explanation as to why and based upon wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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