Dinesh Kumar Son Of Sh. Ramesh Chand ... vs Smt. Pawan Devi (Age 32 Years) Wife Of ... on 5 September, 2012
7. Since the issuance of the cheque in question has not
been disputed by the accused in the present case,
presumptions under Section 118 read with Section 139 of NI
Act about the cheque in question having been issued for
consideration and in discharge of legal liability arise in
favour of the complainant. The main defence taken by the
accused in the present case is that the cheque in question
was not given by the accused to the complainant, rather, it
was given to one Asif Ali regarding a loan of Rs. 30,000/
taken by the accused from the said Asif Ali. It has further
CC No. 1470/14
Pradip Kumar Sharma Vs. Pawan Kumar Page 8 to 17
been contended on behalf of the accused that the said loan
of Rs. 30,000/ was duly repaid to Asif Ali by the brother of
the accused namely Adesh Kumar. The accused has
examined his brother Adesh Kumar as a defence witness in
this regard. The said Adesh Kumar stepped into the witness
box as DW1 and testified that he had repaid the loan taken
by his brother (accused herein) from Asif Ali. However, the
testimony of DW1 does not inspire much confidence for
various reasons. First, the said DW1 Adesh Kumar is the
real brother of the accused and, hence, the possibility of his
deposing falsely in order to help the accused cannot be ruled
out. Second, DW1 is only a hearsay witness to the alleged
loan transaction between the accused and Asif Ali. It was
stated by DW1 on oath that "in March, 2014 my younger
brother took Rs. 30,000/ as loan from one Asif Ali who is
resident of Sangam Vihar, New Delhi. After about 34
months I came to know about the aforesaid loan and that my
brother had given 3 cheques to said Asif Ali as security".