Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Appeal against acquittal—Specific defence of respondent-accused that he had not availed any loan from appellant-complainant and signed blank cheque issued to the brother of appellant-complainant has been misused by the appellant-complainant—It is admitted by appellant-complainant that the brother of appellant-complainant had two signed cheques of the respondent-accused with him—Brother of appellant-complainant has not filed any recovery proceedings or the cheque dishonour case against the respondent-accused by using the said signed cheques given by the respondent-accused—Respondent-accused has rebutted the presumption drawn under Section 139 of the Negotiable Instruments Act—Appellant-complainant in order to establish his case of lending, has not placed any evidence on record—Appeal dismissed.
[Para 7]