also any loan availed. It was asserted that
the execution of the cheque was not in discharge of any
liability due from ... cheque. Presentation of the cheque by
the accused admittedly is on 2.7.1997, the date on which
the cheque was given as alleged by the complainant
were not in his handwriting. In order to prove the
execution of the cheque, oral evidence of PW1 to PW3 were
adduced ... more witnesses were examined to prove the transaction and
the execution of the cheque, PW2 and PW3. PW2 is an employee
of the complainant
accused
had issued a Cheque at Exhibit-P1 for a sum of
Rs.1,72,000/- and when the said cheque was presented ... cheque, but in support of his case, he has presented
Promissory Note and Consideration Receipt.
16. As stated above, issuance of the cheque,
execution
said defence.
9. Therefore, since he admitted the signature in the cheque and
execution of the cheque, the Trial Court rightly invoked the presumption
clause ... below found guilt of the petitioner for
the reason that the execution of cheque is not in dispute and also the signature
in the cheque
denied the
execution of the cheque and signature found in the cheque. Since the
petitioner admitted the execution of the cheque, he has to prove ... settled proposition of law that once the execution of
cheque is admitted, Section 139 of N.I.Act mandates a presumption that
the cheque
categorically
deposed that on the date of execution of cheque i.e. on 17.04.2013, he
went along with the petitioner to Chennai and stayed there ... blank cheque and repaid the said amount, but the
respondent/complainant did not return the cheque. Further, the alleged
date of issuance of cheque
enforceable debt.
8.It is settled proposition of law once the execution of cheque is
admitted, Section 139 of N.I.Act mandates a presumption ... belows.
9.In the present case, the petitioner has admitted the execution of
cheque, but he has stated that he rebutted the presumption
admitted the signature in the disputed cheque and also admitted the execution
of cheque. Therefore, there is a presumption under Section ... cheque and the signature in the cheque are not in
dispute and in Ex.P5, he made an admission regarding issuance of cheque
cheque. On the contra issued cheque as a security and by misusing the
same got presented the said cheque and except in cheque the name ... blank cheque, agreement bond. He
admitted the cheque and the signature therein but denies hand written
made on the cheque and in the Execution
examined about the cheque issued for security. In
the examination in chief he has deposed that the
complainant has taken cheque from the accused ... accused has admitted issuance of cheque ,
execution of Declaration. Mere execution of Declaration
and issuance of cheque is not sufficient to prove the
existence
