PANCHAL VIPULBHAI MANSUKHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned Advocate for the applicant has submitted that though the applicant who is original complainant, was able to discharge his part of burden by proving the Negotiable Instrument as well as signature on such instrument, the Magistrate Court has erroneously concluded that the applicant has failed to discharge his burden.

(2.) Learned Advocate has also relied upon decision of the Apex Court in case of P. Rasiya v/s. Abdul Nazer and another passed in Criminal Appeal Nos.1233 to 1235 of 2022 dtd. 12/8/2022 , wherein the Apex Court has categorically held that when the signature and the issuance of the cheque by the accused is not disputed, in that case, the onus will shift upon the accused to prove the contrary that the cheque was not issued against legally enforceable date.

(3.) Learned Advocate appearing for the respondent-accused has submitted that by cross examination of the complainant himself, as well as witness of the prosecution, the respondent was successful in rebutting the presumption more particularly, when during the course of cross examination, the complainant had admitted to produce the documents to indicate the amount paid by the complainant to the respondent, but had failed to produce any such documents.