6. 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 amounting Rs. 5,00,000/- was issued by the applicant on 06.12.2022, pursuant to an agreement to sell with respect to an immovable property, which was presented for encashment on 18.01.2023, which was returned on 19.01.2023 with remarks, "payment stopped by drawer", a contingency of dishonour of cheque, which is fully covered within the meaning of Section 138 of the N.I. Act. Thereafter, on 26.01.2023, a legal demand notice was issued, which was not complied with by the applicant. Thereafter, after expiry of 15 days' period from service of notice the instant complaint has been filed by the opposite party no. 2. In view thereof, a prima facie case is made out against the applicant. The contention of the applicant that pursuant to the said agreement to sell no sale deed was executed by the opposite party no. 2. Thus, there was no liability, which is a question of fact, which is to be proved by the applicant herein by leading a cogent evidence before the trial court to rebut the presumption under Section 139 of the N.I. Act.
