Petitioner contends that there is no evidence on record to prove the transaction

 NI ACT  Section 138 Against conviction Dishonour of cheque Petitioner contends that there is no evidence on record to prove the transaction between the parties  Defence taken by accused that money was not borrowed by her - But admitted issuance of cheque to one 'S' for money borrowed from him  No document to show that Cheque was issued to 'S' - Accused, having admitted signature in Cheque, required to rebut presumption in favour of complainant in manner know to law that Cheque was not issued to complainant or that no amount borrowed by her - Even if complainant violated IT Act, accused cannot escape from her liability It is for Department concerned to take care of violation of legal provision Accused failed to rebut statutory presumption Courts below rightly appreciated evidence to arrive at findings of Conviction and Sentence. [Paras 6 and 7]

BRINDHA vs K.T.MUTHUKUMAR  CRLREC 174/22 13/12/22 [ VELMURUGAN JJ ]

[ MADRAS HIGH COURT ]