No material produced to show as to how the cheque was in possession of complainant

Negotiable Instruments Act, 1881, Ss.138, 139 - Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - In the instant case signatures in the cheque not challenged and no evidence to that effect is reflected in the cross examination of complainant - No material produced to show as to how the cheque was in possession of complainant as there are no allegations of lost cheque or signatures in the cheque being forged - When accused failed to raise probable defence it cannot be said that statutory presumption is rebutted on the ground that complainant in cross examination has neither given the date, month or year when loan was given or that he obtained any receipt from accused and that amount of loan is neither reflected in income tax return of complainant nor in his books of account and that signatures and particulars filled in cheque are with different ink, no chit of paper has been produced by complainant in support of transaction of huge sum of Rs.9,70,000/- - Order of acquittal passed by appellate Court set aside and order of conviction passed by trial Court restored. (2022(4) Criminal Court Cases 712)