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10. Accused was examined without oath u/s 313 Cr.P.C on 26.04.2023 and all the incriminating evidence was put to him. He denied issuing the cheques in question. The accused denied receiving the legal notice. He stated that he never issued the cheques in question to the complainant and ever took any loan from the complainant. The accused wanted to lead defence evidence. Thereafter, the matter was listed for DE on 24.08.2023.

11. Accused sought to bring on record the lost document report filed by him for the loss of the cheques in question. Summons were issued accordingly to the concerned officials.

The lost document report was filed on record by PS Crime Branch as Ex. D1. Counsel for the accused stated that the DE may be closed hence DE was closed on 07.08.2024. Thereafter, the matter was listed for final arguments on 13.09.2024.

ARGUMENTS

12. The learned counsel for the complainant argued that the accused had taken a friendly loan of Rs. 4,50,000/- in December 2015. When the accused failed to repay the amount despite repeated reminders, he issued five cheques (cheques nos. 000128 dated 07.06.2019 for a sum of Rs.1,00,000/-, cheques no. 000132 dated 14.06.2019 for a sum of Rs.50,000/-, cheque nos. 000127 dated 04.06.2019 for a sum of Rs.1,00,000/-, 000129 dated 07.06.2019 for a sum of Rs.1,00,000/-, and 000131 dated 14.06.2019 for a sum of Rs.1,00,000/-), including the three cheques forming the basis of complaint CT No.22666/2019 (cheque nos. 000127 dated 04.06.2019 for a sum of Rs.1,00,000/-, 000129 dated 07.06.2019 for a sum of Rs.1,00,000/-, and 000131 dated 14.06.2019 for a sum of Rs.1,00,000/-) and the remaining two cheques forming a basis of the complaint CT No. 23752/2019 (cheques nos. 000128 dated 07.06.2019 for a sum of Rs.1,00,000/-, cheques no. 000132 dated 14.06.2019 for a sum of Rs.50,000/-) between the same parties. It was emphasized that the accused had admitted his signatures on the cheques, thereby activating the statutory presumptions under Sections 118(a) and 139 of the NI Act. These presumptions SIDDHANT KUMAR KUMAR 2024.11.26 04:55:45 +0530 establish that the cheques were issued towards the discharge of a legally enforceable debt or liability.

13. The counsel further argued that the accused's defense regarding the alleged loss of cheques is fabricated and baseless. It was submitted that the accused strategically filed an NCR dated 28.02.2019 to create a false defense and deprive the complainant of his legitimate dues. The NCR was not followed up with any substantive action, which indicates its lack of credibility. Moreover, the accused's admission of signing the cheques undermines his claim of lost documents, as the cheques were issued voluntarily to discharge the debt.