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15. Combined reading of above said sections raises a presumption in favour of the holder of the cheque that he has received the same for discharge in whole or in part of any debt or other liability. However, it is settled principle of law that the presumption available u/s 139 NI Act can be rebutted by the accused by raising a probable defense.

16. The complainant has reiterated the contents of the complaint in his chief-examination. PW. got marked Ex.P1 to P8. He has produced the cheque issued by accused and the same is marked as Ex.P-1, the signature of the accused is marked as Ex.P-1(a), copy of bank memo is marked as Ex.P-2, copy of demand notice dated:26.09.2019 is marked as Ex.P-3, copy of postal receipt is marked as Ex.P-4, copy of track consignment is marked as Ex.P-5, Certificate U/Sec.65-B of Indian Evidence Act is marked as Ex.P-6, copy of MOU is marked as Ex.P-7 and complaint is marked as Ex.P-8.

46. The complainant issued a legal notice after the cheque was dishonoured, as evidenced by Ex.P3, through RPAD, and the same was served, as reflected in the track consignment report at Ex.P5. Although the counsel for the accused suggested to PW.1 that the legal notice was not served upon the accused, the accused himself, during cross-examination, clearly admitted that he was residing at the address mentioned in the legal notice.

47. The accused has contended that he was working in Uttara Karnataka at the relevant time and, therefore, does not know who received the notice. However, no acceptable evidence has been produced to establish that he was out of station or employed in North Karnataka during the relevant period. In view of his admission regarding the correctness of the address mentioned in the legal notice, the defence of non-service is untenable.

I. List of witnesses on behalf of complainant:

P.W.1: Sri.Bharath Kumar.B P.W.2 : Sri.Nagaraju.K II. List of documents on behalf of complainant:

Ex.P-1 : Original Cheque. Ex.P-1(a) : Signature of the accused. Ex.P-2 : Bank memo.

Ex.P-3 : Legal notice. Ex.P-4 : Postal Receipt. Ex.P-5 : Track Consignment. Ex.P-6 : Certificate U/Sec.65-B of Indian Evidence Act.

Ex.P-7 : Copy of MOU.

Ex.P-8 : Complaint.