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14. Keeping in view of the ingredients and provision of Sec.139 and 118(a) of N.I.Act, now I proceed to discuss the documents in the case. I am of the opinion that I need not repeat the entire case of the complaint once again since I have already stated the same at the beginning of this judgment.

15. To prove her case, the complainant has examined herself as PW-1 and produced 15 documents and same has been marked as Ex.P.1 to P.15. The cheque as per Ex.P.1 and signature thereon as per Ex.P.1(a). Bank memo as per Ex.P.2. Legal Notice as per Ex.P.3. Postal Receipt as per Ex.P.4. Track Consignment Report as per Ex.P.5. Two Bank Passbooks as per Ex.P.6 and P.7. Loan Agreement as per Ex.P.8. IT returns for the Year 2018-19 as per Ex.P.9. Balance sheet as per Ex.P.10. Another Balance sheet as per Ex.P.11. IT returns for the year 2019-2020 as Ex.P.12. IT Returns for the year 2020-2021 as per Ex.P.13. IT returns for the year 2021-2022 as per Ex.P.14 and IT returns document as per Ex.P.15.

20. As per complainant accused had borrowed amount of Rs.5 lakhs and to discharge the same, the accused had issued Ex.P.1cheque. Here there is no dispute in signatures. The complainant has produced documents C.C.No.27874/2023 and same has been marked as Ex.P.1 to 15. The cheque as per Ex.P.1 and signature thereon as per Ex.P.1(a). Bank memo as per Ex.P.2. Legal Notice as per Ex.P.3. Postal Receipt as per Ex.P.4. Track Consignment Report as per Ex.P.5. Two Bank Passbooks as per Ex.P.6 and P.7. Loan Agreement as per Ex.P.8. IT returns for the Year 2018-19 as per Ex.P.9. Balance sheet as per Ex.P.10. Another Balance sheet as per Ex.P.11. IT returns for the year 2019-2020 as Ex.P.12. IT Returns for the year 2020-2021 as per Ex.P.13. IT returns for the year 2021-2022 as per Ex.P.14 and IT returns document as per Ex.P.15. Admittedly cheque and signature are belongs to accused and there is no dispute in issuance of cheque also. Complaint has been filed within time. Admittedly both parties are known to each other but the accused has denied the transaction. Here the question is whether accused has rebutted the presumption or not. The accused has an option to rebut the presumption by way of eliciting truth from PW-1 in the cross-examination, by way of entering into witness box and he can utilize materials available on record. In this case the accused has entered into witness box and cross-examined the PW-1 also.

ANNEXURE

1) List of Witnesses examined for complainant:-

PW.1 : Smt.Sindhu K.Byadagi.

2) List of documents marked on behalf of complainant: -

      Ex.P.1         :   Cheque.
      Ex.P.1(a)      :   Signature of accused,
      Ex.P.2         :   Bank Memo,


                                             C.C.No.27874/2023



     Ex.P.3          :    Legal Notice,
     Ex.P.4          :    Postal receipt.
     Ex.P.5          :    Track Consignment Report.
     Ex.P.6 & P.7    :    Two Bank Passbooks.
     Ex.P.8          :    Loan Agreement.
     Ex.P.9          :    IT returns for the year 2018-19.
     Ex.P.10         :    Balance Sheet.
     Ex.P.11         :    Another Balance Sheet.
     Ex.P.12         :    IT returns for the year 2020-21.
     Ex.P.13         :    IT returns for the year 2021-22.
     Ex.P.14         :    IT returns for the year 2022-23.
     Ex.P.15         :    IT returns document.