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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024 (@ SLP(CRL.) No.11600/2023)
GAMPA SRINIVAS APPELLANT(S) VERSUS
CHORAGUDI KRISHNAVENI & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Despite notice having been served, none appeared for the
private respondent on the last occasion. While deferring
adverse orders, we had posted the matter for today.
Unfortunately, even today, there is no representation on
behalf of the private respondent.
3. Learned counsel appearing for the appellant contended that
both the Courts have committed an error in dismissing the
complaint under Section 138 of the Negotiable Instruments
Act, 1881 (for short ‘NI Act’), as there is no dispute on
fact that the cheque was issued by the respondent No.1. It
is further submitted that the High Court has failed to
appreciate that the appellant has filed the income tax
returns to show his income. This fact has also been
overlooked.
4. We find force in the submission made by the learned
counsel for the appellant.
5. There is always a presumption in favour of the issuance of
the cheque. Though, the said presumption is rebuttable,
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the same has not been rebutted at the instance of the
respondent No.1. Furthermore, the appellant has shown, by
way of his income tax returns his financial capacity t...