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09. In this scenario, let me scrutinize the documents relied by the SPA Holder of complainant in order to examine the compliance of statutory requirements envisaged under section 138 of Negotiable 10 Judgment in C.C.No:18086/2023 Instruments Act. Among them, cheque bearing No.074711 issued by the accused for sum of Rs.90,000/- dated 24.03.2023, drawn on Axis Bank Ltd. Ahmedbad is marked as Ex.P1. The signature of accused No.2 is marked as Ex.P1(a). Ex.P2 is the Bank Endorsement issued by HDFC Bank, the contents of Ex.P2 disclose that the cheque bearing No.074711 drawn for Rs.90,000/- was dishonoured for the reasons 'Funds Insufficient'. Ex.P3 is the Legal Notice dated 25.04.2023, the recitals of Ex.P3 disclose that the complainant has issued this notice to the accused through his counsel and by issuing said notice, complainant called upon the accused to repay the cheque amount of Rs.90,000/- within 15 days from the date of receipt of notice. Exs.P4 to P7 are the Postal receipts. Exs.P8 to P11 are the unserved R.P.A.D covers. Ex.P12 is the computer generated copy of intimation letter regarding sending of legal notice to the accused through gmail. Ex.P13 is the certificate under Section 65B of Indian Evidence Act. Ex.P14 is the Special Power of Attorney dated 09.06.2023 executed by complainant in favour of Renuka Suryakanth Nagamarpalli. Exs.P15 is the computer generated copies of WhatsApp messages. Ex.P16 is the travel agency ticket booking reference letter issued by Emirates. Ex.P17 is the copy of circular 11 Judgment in C.C.No:18086/2023 dated 07.10.2020 issued by Government of India. Exs.P18 and P19 are the computer generated copies of gmail messages. Exs.P20 is the computer generated copies of WhatsApp messages. Ex.P21 is the computer generated copy of gmail message. Ex.P22 is the notice dated 04.11.2022 issued by Smt.Renujka Suryakanth Nagamarpalli through her counsel to the accused. Ex.P23 is the computer generated copies of gmails messages. This complaint came to be filed on 09.06.2023. A careful scrutiny of the documents relied by the complainant goes to show that, statutory requirements of Section 138 of Negotiable Instruments Act have been complied with and this complaint is filed within time. The SPA Holder of complainant has discharged her initial burden by examining herself as PW.1 and by producing aforesaid documentary evidence. Thus, complainant is entitled to rely on the statutory presumptions enshrined under Sections 118 read with section 139 of N.I. Act. Section 118 reads as here:- "That every negotiable instrument was made or drawn for consideration and that every such instrument when it has been accepted, endorsed, negotiated or transferred was accepted, endorsed, negotiated or transferred for consideration". Further Sec 139 of the Negotiable Instruments Act provides for presumption in 12 Judgment in C.C.No:18086/2023 favour of a holder. It reads as here: - "It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in sec 138, for the discharge, in whole or in part, or any debt or other liability." 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. No doubt, the said presumptions of law are rebuttable in nature, to rebut the said presumption the accused neither cross-examined PW.1 nor led any defence evidence. As such, there is no rebuttal evidence on behalf of accused to rebut the presumptions envisage under Sections 118 and 139 of NI Act.

(MANJUNATHA.M.S) XVIII Addl. Chief Metropolitan Magistrate, Bengaluru.

15 Judgment in C.C.No:18086/2023 ANNEXURE List of Witnesses examined on behalf of Complainant:

PW-1 : Renuka Suryakanth Nagamarpalli List of Exhibits marked on behalf of Complainant:

Ex.P1                :   Original Cheque
Ex.P1(a)             :   Signature of accused No.2
Ex.P2                :   Bank endorsement
Ex.P3                :   Office copy of legal notice
Exs.P4 to P7         :   Postal receipts
Exs.P8 to P11        :   Unserved R.P.A.D covers
Ex.P12               :   Computer generated copy of gmail
                         message
Ex.P13               :   Certificate u/S 65B of Indian Evidence
                         Act.
Ex.P14               :   Special Power of Attorney
Ex.P15               :   Computer generated copies of Whatsapp
                         messages.
Ex.P16               :   Travel agency ticket booking reference
                         Letter
Ex.P17               :   Copy of circular dated 07.10.2020
Exs.P18 & P19        :   Computer generated copy of gmail
                         messages
Ex.P20               :   Computer generated copies of Whatsapp
                         messages.
Ex.P21               :   Computer generated copy of gmail
                         message
Ex.P22               :   Notice dated 04.11.202
Ex.P23               :   Computer generated copy of gmail
                         message