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The main defence of the accused in the present case is that the cheque in question was given to Shauryapuram STPL for the purpose of availing home loan and the cheque in question has been used by the complainant company in connivance with Shauryapuram STPL. It is pertinent to mention here that annexure­1 filed by the accused along with the present application is an uncertified copy of order and can not be relied as such further annexure­2 filed by the accused is again an unsigned document and can not be taken into account. The accused in the present case has failed to rebutt the presumption in favour of the complainant and the complainant has proved that the alleged loan was disbursed to the accused and accused had also paid two EMIs for the alleged loan to the complainant company and considering these facts the plea taken by the accused that the cheque in question was given to Shauryapuram STPL and no loan was ever taken by the accused from the complainant company is a bare averment, unsubstantiated by any cogent evidence.