ORDER : By way of instant Cr. Revision filed under S. 397 read with S.401 CrPC lays challenge to judgment dated 20.12.2019, passed by learned Additional Sessions Judge, Sundernagar, District Mandi, Himachal Pradesh in Cr. Appeal 72/2015, affirming judgment of conviction and order of sentence dated 14.8.2014 passed by learned Additional Chief Judicial Magistrate, Court No.1 Sundernagar, District Mandi, Himachal Pradesh in criminal complaint No. 38-I/2011// 30-III/2011, whereby learned court below, while holding petitioner-accused (hereinafter, ‘accused’) guilty of having committed offence punishable under S.138 of the Negotiable Instruments Act (hereinafter, ‘Act’) convicted and sentenced the accused to undergo simple imprisonment for a period of one year and pay Rs. 1,00,000/- as compensation to the respondent-complainant (hereinafter, ‘complainant’) 2. Precisely, the facts of the case, as emerge from the record, are that complainant instituted a complaint under S.138 of the Act alleging therein that he had advanced sum of Rs. 1,00,000/- to the complainant, who with a view to discharge his liability issued cheque No. 831354 dated 1.8.2010 (Ext. CW-1/A) for Rs.1,00,000, However, the fact remains that the cheque on its presentation was dishonoured with the endorsement, “exceeds arrangement” vide memo, Ext. CW-2/A. After having received memo from the bank concerned, complainant served accused with a legal notice Exhibit CW-3/A, calling him to make good the payment within the time stipulated in the notice, but since accused failed to make good the payment within the stipulated in the legal notice, complainant filed complaint under S.138 of the Act in the competent court of law. On the basis of evidence collected on record by respective parties, learned trial Court held petitioner guilty of having committed offences punishable under S.138 and convicted and sentenced him as per description given herein above. 3. Being aggrieved and dissatisfied with judgment of conviction and order of sentence recorded by learned trial Court, accused preferred an appeal in the court of learned Additional Sessions Judge, Sundernagar, Mandi, Himachal Pradesh, which was dismissed vide judgment dated 20.12.2019. In the aforesaid background, accused has approached this court in the instant proceedings, praying therein for his acquittal after setting aside judgments of conviction and order of sentence recorded by learned courts below. 4. Vide order dated 4.3.2020, this court, while suspending substantive sentence imposed upon the accused by learned trial Court, directed the accused to deposit 15% of cheque amount within a period of four weeks. 4. Vide order dated 4.3.2020, this court, while suspending substantive sentence imposed upon the accused by learned trial Court, directed the accused to deposit 15% of cheque amount within a period of four weeks. Though the said order was complied with but, learned counsel for the accused informed this court that the accused is ready and willing to compromise the matter with the complainant, by paying entire amount of compensation and as such, court adjourned the matter, but despite repeated adjournments, neither the accused has come present in the court nor has paid the entire amount of compensation to the complainant. 5. Today, during the proceedings of the case, learned counsel for the accused states that despite repeated communications, accused is not coming forward to impart instruction, as such, this court may decide the petition on its merit. 6. Having heard learned counsel for the parties and perused the material available on record this court finds it difficult to agree with learned counsel for the accused that the learned courts below have failed to appreciate evidence in its right perspective, rather this court finds that the complainant successfully proved on record that he had advanced Rs.1,00,000 to the accused, who, in turn, had issued cheque Exhibit CW1/A with a view to discharge his liability. Though the accused in his statement recorded under S.313 CrPC denied the case of the complainant in toto but if the cross-examination conducted upon the complainant by defence counsel is perused in its entirety, it clearly establishes on record that the cheque in question was issued by accused in discharge of his lawful liability. 7. In the case at hand, complainant with a view to prove his case, while deposing as CW-1, stated that he had given to the accused Rs. 2,50,000/- who had assured to return the same within 15 days but did not return the amount. It is further deposed by CW-1 that the accused issued two cheques in the sum of Rs. 1 Lakh, drawn on State Bank of India, Sundernagar and one cheque amounting to Rs. 1,00,000/- (Ext. CW-1/A) drawn on State Bank of India, Sundernagar. He deposed that two cheques were issued in July, 2010 and August, 2010. It is further deposed by CW-1 that the accused issued two cheques in the sum of Rs. 1 Lakh, drawn on State Bank of India, Sundernagar and one cheque amounting to Rs. 1,00,000/- (Ext. CW-1/A) drawn on State Bank of India, Sundernagar. He deposed that two cheques were issued in July, 2010 and August, 2010. He deposed that he presented all these cheques for encashment to State Bank of India, Sundernagar, which were sent to the banker of the accused but the same were dishonoured with the observation that account of the accused stands closed. Complainant also deposed that he after having received memo from bank concerned, served legal notice upon the accused through registered post. Postal receipt is mark C and acknowledgement is mark D, but since accused despite service of legal notice, failed to make the payment, complainant was compelled to file complaint under S. 138 of the Act. Cross-examination conducted upon this witness clearly reveals that the cheque in question was issued by the accused. This witness in cross-examination stated that he had given money to the accused as he was father of his friend. This witness denied that the accused returned the money. He also denied that the blank cheque was issued as a security by the accused. 8. CW-2, Jiwanand, Cashier, State Bank of India, Sundernagar also deposed that the complainant has account in his bank and Ext. CW2/A was issued by his bank. He deposed that the Bank sent Ext. CW-1/A to the bank concerned which was dishonoured. 9. CW-3, H.L. Sharma, Advocate, deposed that on the instructions of the complainant, he issued legal notice, Ext. CW-3/A and its dispatch receipt is Ext. CW-3/B and acknowledgement receipt is Ext. CW-3/C. 10. If the statements made by aforesaid witnesses are read in conjunction, they clearly establish on record that the accused had issued cheque to the complainant but the same was dishonoured as the bank account of the accused was closed. He also proved that before instituting complaint under S.138 of the Act, he served the accused with legal notice calling upon him to make good the payment but since the accused failed to make the payment within the time stipulated in the legal notice, he was compelled to institute complaint under S.138 of the Act. 11. Similarly, DW-1, who is son of the accused, has admitted factum with regard to issuance of cheque. 11. Similarly, DW-1, who is son of the accused, has admitted factum with regard to issuance of cheque. This witness deposed that there was no dealing between his father and the complainant rather dealing was with Shri Rajender Saini, brother of the complainant. He also deposed that he had not borrowed any money but had given cheque, wherein amount was mentioned but no name was mentioned. This witness further deposed that his father had obtained a limit from State Bank of India and payments were made online into the account of Rajender Saini and nothing remained to be paid by the accused. This witness stated that the complainant refused to hand over the cheque. It is quite apparent from the cross-examination conducted upon the complainant and as well as from the statement of DW-1 Vinod Kumar that the accused had issued cheque in favour of the complainant for discharge of his lawful liability. Once there is no denial of issuance of cheque and signatures thereupon, presumption as available under Ss.118 and 139 comes into play. Section 118 and 139 of the Act clearly provide that it shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability. True, it is that to rebut aforesaid presumption accused can always raise probable defence either by leading some positive evidence or by referring to the material, if any adduced on record by the complainant. 12. Once issuance of cheque and signatures thereupon are not denied, presumption starts in favour of holder of cheque and once such presumption starts, onus shifts upon the person issuing the cheque. Reliance in this regard is placed upon judgment rendered by Hon'ble Apex Court in Rohitbhai Jivanlal Patel v. State of Gujarat, (2019) 18 SCC 106 , wherein, it has been held as under: “18. In the case at hand, even after purportedly drawing the presumption under Section 139 of the NI Act, the Trial Court proceeded to question the want of evidence on the part of the complainant as regards the source of funds for advancing loan to the accused and want of examination of relevant witnesses who allegedly extended him money for advancing it to the accused. This approach of the Trial Court had been at variance with the principles of presumption in law. After such presumption, the onus shifted to the accused and unless the accused had discharged the onus by bringing on record such facts and circumstances as to show the preponderance of probabilities tilting in his favour, any doubt on the complainant's case could not have been raised for want of evidence regarding the source of funds for advancing loan to the accused-appellant. The aspect relevant for consideration had been as to whether the accused-appellant has brought on record such facts/material/circumstances which could be of a reasonably probable defence. 19. In order to discharge his burden, the accused put forward the defence that in fact, he had had the monetary transaction with the said Shri Jagdishbhai and not with the complainant. In view of such a plea of the accused-appellant, the question for consideration is as to whether the accused-appellant has shown a reasonable probability of existence of any transaction with Shri Jagdishbhai? In this regard, significant it is to notice that apart from making certain suggestions in the cross-examination, the accused- appellant has not adduced any documentary evidence to satisfy even primarily that there had been some monetary transaction of himself with Shri Jagdishbhai. Of course, one of the allegations of the appellant is that the said stamp paper was given to Shri Jagdishbhai and another factor relied upon is that Shri Jagdishbhai had signed on the stamp paper in question and not the complainant. 19.1 We have examined the statement of Shri Jagdishbhai as also the said writing on stamp papers and are unable to find any substance in the suggestions made on behalf of the accused-appellant. 19.2 The said witness Shri Jagdishbhai, while pointing out his acquaintance and friendship with the appellant as also with the respondent, asserted in his examination-in-chief, inter alia, as under: "Accused when he comes to our shop where the complainant in the matter Shashimohan also be present that in both the complainant and accused being our friends, were made acquaintance with each other. The accused had necessity of money in his business, in my presence, had demanded Rs.22,50,000/- (Rupees twenty two lacs fifty thousandly) on temporary basis. And thereafter, the complainant from his family members by taking in piecemeal had given to the accused in my presence. The accused had necessity of money in his business, in my presence, had demanded Rs.22,50,000/- (Rupees twenty two lacs fifty thousandly) on temporary basis. And thereafter, the complainant from his family members by taking in piecemeal had given to the accused in my presence. Thereafter, on demanding the money by the complainant, the accused had given seven (7) cheques to the complainant in our presence but such cheques being washed out in rainy water and on informing me by the complainant I had informed to the accused. Thereafter, Rohitbhai had given other seven (7) cheques to the complainant in my presence and the deed was executed on Rs. 100/- stamp paper in there is my signature." 19.3 This witness was cross-examined on various aspects as regards the particulars in the writing on the stamp paper and the date and time of the transactions. In regard to the defence as put in the cross-examination, the witness stated as under: "I have got shop in National Plaza but in rain no water logging has taken place. It is not true that there had been no financial dealings between me and the accused today. It is not true that I had given rupees ten lacs to the accused Rohitbhai on temporary basis. It is not true that for the amount given to the accused, I had taken seven blank duly cheques also blank stamp paper without signature. It is not true that there was quarrel between me and the accused in the matter of payment of interest. It is not true that even after the payment of Rs. ten lacs and the huge amount of the interest in the matter of interest quarrel was made. It is not true that due to the reason of quarrel with the accused, in the cheques of the accused lying with me by making obstinate writing has filed the false complaint through Shashimohan Goyanka. It is not true that no financial dealings have taken place between the complainant and the accused. therefore I also the complainant both at the time of evidence the accused at what place, on what date at what time, the amount taken has not been able to make clearly. (sic) It is not true that the blank stamp paper duly signed were lying in which obstinate writing has been made therefore the same has not been registered through sub registrar. (sic) It is not true that the blank stamp paper duly signed were lying in which obstinate writing has been made therefore the same has not been registered through sub registrar. It is not true that the dealings have been made between me and accused therefore there is my signature and the signature of the accused and the complainant has not signed. It is not true that any types of dealings between the accused and the complainant having not been done in my presence therefore in my statement no clarification has been given. It is not true that the accused in my presence as mentioned in the complaint any cheque has not been given. It is not true that I in collusion with the complainant to usurp the false amount the false complaint has been filed through Shashimohan Goyanka. It is not true that in support of the complaint of Shashimohan Goyanka is giving false statement." 19.4 The statement of Shri Jagdishbhai does not make out any case in favour of the accused-appellant. It is difficult to say that by merely putting the suggestion about the alleged dealing to Shri Jagdishbhai, the accused- appellant has been able to discharge his burden of bringing on record such material which could tilt the preponderance of probabilities in his favour. 19.5 The acknowledgement on the stamp paper as executed by the appellant on 21.03.2007 had been marked with different exhibit numbers in these 7 cases. In Complaint Case No. 46499 of 2008, the same is marked as Ex. 54 and reads as under : "Today the executor I Rohit Patel Ranchhodray Masala is a partner. Due to the financial difficulties having been arised, I have taken Rs.22,500,000/- (Rupees twenty two thousand fifty thousand only- sic) from my group which are to be paid to Shashimohan Goyanka. With reference to that today I have given seven (7) cheques of Corporation Bank, Alkapuri Branch bearing No. 763346 to 762252 amounting to Rs. 22,50,000/- (Rupees twenty two lacs fifty thousand only) Dates : (1) 01/4/08, (2) 01/05/08 (3) 01/07/08, (4) 01/08/08 (5) 01/10/08 (6) 01/11/08 (7) 01/12/08 the account of which is 40007. With reference to that today I have given seven (7) cheques of Corporation Bank, Alkapuri Branch bearing No. 763346 to 762252 amounting to Rs. 22,50,000/- (Rupees twenty two lacs fifty thousand only) Dates : (1) 01/4/08, (2) 01/05/08 (3) 01/07/08, (4) 01/08/08 (5) 01/10/08 (6) 01/11/08 (7) 01/12/08 the account of which is 40007. Earliest these cheques were given but due to rainy water logging the said cheques having been washed out (7) cheques have again been given which is acceptable to me." 19.6 The fact of the matter remains that the appellant could not deny his signatures on the said writing but attempted to suggest that his signatures were available on the blank stamp paper with Shri Jagdishbhai. This suggestion is too remote and too uncertain to be accepted. No cogent reason is available for the appellant signing a blank stamp paper. It is also indisputable that the cheques as mentioned therein with all the relevant particulars like cheque numbers, name of Bank and account number are of the same cheques which form the subject matter of these complaint cases. The said document bears the date 21.03.2007 and the cheques were post- dated, starting from 01.04.2008 and ending at 01.12.2008. There appears absolutely no reason to discard this writing from consideration. 19.7 One of the factors highlighted on behalf of the appellant is that the said writing does not bear the signature of the complainant but and instead, it bears the signatures of said Shri Jagdishbhai. We find nothing unusual or objectionable if the said writing does not bear the signatures of the complainant. The said writing is not in the nature of any bi partite agreement to be signed by the parties thereto. It had been a writing in the nature of acknowledgement by the accused-appellant about existence of a debt; about his liability to repay the same to the complainant; about his having issued seven post-dated cheques; about the particulars of such cheques; and about the fact that the cheques given earlier had washed away in the rain water logging. Obviously, this writing, to be worth its evidentially value, had to bear the signatures of the accused, which it does. Obviously, this writing, to be worth its evidentially value, had to bear the signatures of the accused, which it does. It is not unusual to have a witness to such a document so as to add to its authenticity; and, in the given status and relationship of the parties, Shri Jagdishbhai would have been the best witness for the purpose. His signatures on this document, therefore, occur as being the witness thereto. This document cannot be ruled out of consideration and existing this writing, the preponderance of probabilities lean heavily against the accused-appellant. 13. The Hon’ble Apex Court in M/s Laxmi Dyechem V. State of Gujarat, 2013 (1) RCR(Criminal), 260 has categorically held that if the accused is able to establish a probable defence which creates doubt about the existence of a legally enforceable debt or liability, the prosecution can fail. To raise probable defence, accused can rely on the materials submitted by the complainant. Needless to say, if the accused/drawer of the cheque in question neither raises a probable defence nor able to contest existence of a legally enforceable debt or liability, statutory presumption under Section 139 of the Negotiable Instruments Act, regarding commission of the offence comes into play. It would be profitable to reproduce relevant paras No.23 to 25 of the judgment herein:- “23. Further, a three judge Bench of this Court in the matter of Rangappa vs. Sri Mohan [3] held that Section 139 is an example of a reverse onus clause that has been included in furtherance of the legislative objective of improving the credibility of negotiable instruments. While Section 138 of the Act specifies the strong criminal remedy in relation to the dishonour of the cheques, the rebuttable presumption under Section 139 is a device to prevent undue delay in the course of litigation. The Court however, further observed that it must be remembered that the offence made punishable by Section 138can be better described as a regulatory offence since the bouncing of a cheque is largely in the nature of a civil wrong whose money is usually confined to the private parties involved in commercial transactions. In such a scenario, the test of proportionality should guide the construction and interpretation of reverse onus clauses and the defendant accused cannot be expected to discharge an unduly high standard of proof”. In such a scenario, the test of proportionality should guide the construction and interpretation of reverse onus clauses and the defendant accused cannot be expected to discharge an unduly high standard of proof”. The Court further observed that it is a settled position that when an accused has to rebut the presumption under Section 139, the standard of proof for doing so is all preponderance of probabilities. 24. Therefore, if the accused is able to establish a probable defence which creates doubt about the existence of a legally enforceable debt or liability, the prosecution can fail. The accused can rely on the materials submitted by the complainant in order to raise such a defence and it is inconceivable that in some cases the accused may not need to adduce the evidence of his/her own. If however, the accused/drawer of a cheque in question neither raises a probable defence nor able to contest existence of a legally enforceable debt or liability, obviously statutory presumption under Section 139 of the NI Act regarding commission of the offence comes into play if the same is not rebutted with regard to the materials submitted by the complainant. 25. It is no doubt true that the dishonour of cheques in order to qualify for prosecution under Section 138 of the NI Act precedes a statutory notice where the drawer is called upon by allowing him to avail the opportunity to arrange the payment of the amount covered by the cheque and it is only when the drawer despite the receipt of such a notice and despite the opportunity to make the payment within the time stipulated under the statute does not pay the amount, that the said default would be considered a dishonour constituting an offence, hence punishable. But even in such cases, the question whether or not there was lawfully recoverable debt or liability for discharge whereof the cheque was issued, would be a matter that the trial court will have to examine having regard to the evidence adduced before it keeping in view the statutory presumption that unless rebutted, the cheque is presumed to have been issued for a valid consideration. In view of this the responsibility of the trial judge while issuing summons to conduct the trial in matters where there has been instruction to stop payment despite sufficiency of funds and whether the same would be a sufficient ground to proceed in the matter, would be extremely heavy.” 14. Having carefully examined the evidence available on record, this Court sees no reason to interfere with the well reasoned judgments passed by the courts below, which otherwise appear to be based upon the correct appreciation of evidence and as such, same need to be upheld. Moreover, this Court has a very limited jurisdiction under Section 397 of the Cr.PC, to re-appreciate the evidence, especially, in view of the concurrent findings of fact and law recorded by the courts below. In this regard, reliance is placed upon the judgment passed by Hon’ble Apex Court in case “State of Kerala Vs. Puttumana Illath Jathavedan Namboodiri” (1999) 2 SCC 452 , wherein it has been held as under:- “In its revisional jurisdiction, the High Court can call for and examine the record of any proceedings for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order. In other words, the jurisdiction is one of supervisory jurisdiction exercised by the High Court for correcting miscarriage of justice. But the said revisional power cannot be equated with the power of an appellate court nor can it be treated even as a second appellate jurisdiction. Ordinarily, therefore, it would not be appropriate for the High Court to re-appreciate the evidence and come to its own conclusion on the same when the evidence has already been appreciated by the Magistrate as well as Sessions Judge in appeal, unless any glaring feature is brought to the notice of the High Court which would otherwise tantamount to gross miscarriage of justice.” 15. Since after having carefully examined the evidence in the present case, this Court is unable to find any error of law as well as fact, if any, committed by the courts below while passing impugned judgments, and as such, there is no occasion, whatsoever, to exercise the revisional power. 16. Since after having carefully examined the evidence in the present case, this Court is unable to find any error of law as well as fact, if any, committed by the courts below while passing impugned judgments, and as such, there is no occasion, whatsoever, to exercise the revisional power. 16. True it is that the Hon’ble Apex Court in Krishnan and another Versus Krishnaveni and another, (1997) 4 SCC 241 ; has held that in case Court notices that there is a failure of justice or misuse of judicial mechanism or procedure, sentence or order is not correct, it is salutary duty of the High Court to prevent the abuse of the process or miscarriage of justice or to correct irregularities/ incorrectness committed by inferior criminal court in its judicial process or illegality of sentence or order, but learned counsel representing the accused has failed to point out any material irregularity committed by the courts below while appreciating the evidence and as such, this Court sees no reason to interfere with the well reasoned judgments passed by the courts below. 17. Having scanned entire evidence available on record, this court is convinced and satisfied that complainant has successfully proved by leading cogent and convincing evidence that the accused issued cheque in question in discharge of his lawful liability, but the same came to be dishonored. Since despite issuance of legal notice, accused failed to make good the payment, learned court below, in the totality of evidence led on record by the complainant, rightly held accused guilty of having committed offence punishable under S.138 of act and as such, no interference in the impugned judgment/order of conviction and sentence is called for. 18. Accordingly, the present revision petition is dismissed being devoid of any merit. Impugned judgments/order of conviction and sentence passed by learned Courts below are upheld. The petitioner is directed to surrender before the learned trial Court forthwith to serve the sentence as awarded by the learned trial Court, if not already served. Pending applications, if any, also stand disposed of. Bail bonds, if any, furnished by the accused are cancelled.