R Heeranna vs P Padmanabha on 5 October, 2023
26. The learned counsel for the revision
petitioner has placed reliance on an unreported
decision of this court in CRL.R.P.NO.1252/2019
DATED 11.08.2023, (CHIKKANNA VS. SRINIVASA)
20
wherein it is observed that when the financial status is
disputed and it is shown that the complainant has no
financial capacity to advance huge loan, the
presumption under Section 139 of the N.I.Act is not
applicable. In the instant case also, though the
accused has admitted the signature on the cheque, it is
evident that the cheque was not towards legally
enforceable debt.