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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.1 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, complaint is marked as Ex.P-7 and copy of MOU is marked as Ex.P-8.

44. As per above case law it is crystal clear that even if it is presumed that the complainant had not proved the source of the money given to the accused by way of loan by producing statement of accounts and/or Income Tax Returns, the same ipso facto, would not negate such claim in view of presumption given U/Sec.118 and 139 of NI Act and no evidence has been led to show that the complainant lacked capacity to provide the amount in question.

45. 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.

I. List of witnesses on behalf of complainant:

P.W.1: Sri.K.Bhaskar 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 : Complaint.