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17. The learned counsel for the Complainant has addressed his arguments, during the course of which, he has prayed for the conviction of the Accused on the ground that the Complainant has fulfilled the ingredients of Sec.138 of the N.I.Act. The Accused has taken his defence by causing a reply notice to the Complainant as per Ex.P.6. However, during the present proceeding, the Accused has come up with 4 inconsistent defences in his attempt to rebut the presumptions available in favour of the Complainant. The said defences are as follows:-

examined exhaustively about his lending of the loan amount to the Accused by way of cash, nothing is elicited from him so as to disbelieve his evidence;

vi) The financial capacity of the Complainant, though has been seriously questioned by the Accused , in his cross-examination, the Accused has clearly admitted the financial capacity of the Complainant;

vii) There are inconsistent defences raised by the Accused in his reply notice, in his chief- examination affidavit and in the cross- examination of the Complainant;

76. Moreover the conduct of the Accused in having taken inconsistent defences right from the stage of causing the reply notice to the Complainant till the conclusion of the trial goes to show that, he has not taken a consistent defence in this proceeding. Therefore even if it is accepted that, as per the documentary evidence at Ex.D3 and D.5, there were no telephonic conversations between the Complainant and the Accused as claimed by the former, during the relevant point of time, the fact that, the Accused has failed to disprove the case of the Complainant in the light of his other defences is sufficient to hold him guilty.