VINAY Vs. VAIBHAV

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. Learned advocate for the respondents waives service. At the request of both the sides the matter is heard finally at the stage of admission.

(2.) Shortly stated the facts leading to the filing of his writ petition may be summarized as under :

(3.) The learned advocate for the petitioner vehemently submitted that it has been his consistent defence since inception that the cheque was issued only by way of security. It was blank and was only bearing his signature. The presumption available under Sec. 139 of the Negotiable Instruments Act is rebuttal one and every opportunity should have been extended to the petitioner to substantiate his defence.