5. Having heard the rival submissions made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that the cheque in question was issued for a sum of Rs. 17,00,000/-, which was presented for encashment and the same was dishonoured for the reason "payment stopped ". Subsequently, a registered legal demand notice was issued by opposite party no.2 on 22.07.2020. When no compliance of the same was made by the applicant herein, the instant complaint case was filed by the complainant. Therefore, from the aforesaid facts as stated in the complaint a prima facie case has been made against the applicant herein. Thereupon, the learned trial court has summoned the applicant herein vide order dated 05.05.2022, against which the instant application has been filed seeking quashing of the entire proceedings. Once, learned counsel for the applicant has submitted that the cheque in question was issued as a security to the transactions between the parties, however, there was no liability and security cheque has been mis-utilized by the opposite party no.2 and the present complaint case has been filed. Once, it is admitted that the cheque is issued by the applicant herein, it shall be presumed under Section 139 of the N.I. Act, that the said cheque was issued in discharge of legal debt or liability. However, the said presumption is a rebuttable presumption which can be rebutted by the applicant herein before the trial court by leading the cogent evidence.
