Negotiable Instruments Act, 1881–Sec. 139–Rebuttal of presumption–Case settled by the accused is thoroughly riddled with contradictions–In the statements u/s. 313, he admits having taken a loan of Rs. twenty lakh and having repaid some interest–He stated that his chequebook and pass book are kept in his sister-in-law’s house–However, in the cross-examination of his sister-in-law, no suggestion was made to this effect–It is also not explained that why such defence was not taken at the earlier stage–He admitted the receipt of demand notice in the statements u/s. 313 but in cross-examination, he stated that no legal notice was issued–Nothing in cross-examination of the complainant to raise any suspicion over the case set up by him–Courts below misread the evidence–Impugned judgment of acquittal is liable to be reversed.
