Section 30 -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 – Cheque bounce case – Void agreement – Presumption u/s 139 of NI Act – Rebuttal of -- Statement of account is not pertaining to any loan raised by the accused but the same is regarding chit fund/lottery system run by the complainant -- Transaction comes under the agreement by way of wager, which is void as per Section 30 of the Contract Act -- Both the parties were involved in chit fund/lottery system -- Presumption u/s 139 of Act can be rebutted by raising probable defence – Accused raised probable defence – Acquittal order, upheld.

(P&H HC) Decided on: 07.05.2019