VIJAY POWER GENERATORS LTD Vs. ANNAI ENGINEERING WORKS

JUDGEMENT

(1.) These appeals are directed against two separate orders dated 14.5.2013, of the Metropolitan Magistrate whereby two complaints filed by the appellant against the respondent under Section 138 of the Negotiable Instrument Act, 1881, were dismissed on merits.

(2.) The appellant/complainant examined three (3) witnesses in support of its case whereas the respondent examined himself as DW1.

(3.) A cheque being a negotiable instrument there is a statutory presumption that the cheques were issued for consideration. The presumption no doubt is rebuttable, but, the onus is upon the drawer of the cheque to prove that the same were without consideration.