26. Insofar as the reliance on the judgment of this court in the case of Rohitbhai Jivanlal Patel vs. State of Gujarat and anr, (supra) is concerned, in the said case, the learned Trial Court had acquitted the accused, the High Court, in appeal, reversed the acquittal and convicted the accused for the offence punishable under section 138 of the N.I. Act. Affirming the order of the High Court, this court held that merely by denial or merely by creation of doubt, the accused cannot be said to have rebutted the presumption as envisaged under section 139 of the N.I Act. This court held that unless cogent evidence was led on behalf of the accused in defence of his case, the presumption under section 139 of the N.I Act could not be rebutted. As such, the said judgment also would not be applicable to the facts of the present case.
Party: Rajaram s/o Sriramulu Naidu (since deceased) through L.Rs vs. Maruthachalam (since deceased) through L.Rs – Crl.Apl.No: 1978 of 2013 – JANUARY 18, 2023.
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