Thomas P. Jacob, J.—Would the presumption referred to in Section 146 of the Negotiable Instruments Act (for short, ‘the Act’) extend to the cause of dishonour stated in a memo of dishonour issued from the drawee Bank, or the presumption is regarding the fact of dishonour alone, is the question raised for a decision in this revision.

2. Petitioner faced trial in the Court of learned Judicial First Class Magistrate-II, Palakkad in S.T. No. 808 of 2005 on a private complaint preferred by respondent No.1, a Private Limited Company engaged in conducting Kuries. According to respondent No.1, petitioner joined three Kuries run by it, two tickets having a Sale of Rs. 1,25,000 each and another having a Sale of Rs. 3,00,000. All the Kuries were prized by the petitioner and he received the respective prize money undertaking to pay the future instalments without default. He failed to keep up the undertaking. Respondent No.1 alleged that as per ticket Nos. 41/84 Rs. 67,500 and Rs. 70,000 respectively, are due. As per Kuri ticket No. 44/29 Rs.1,90,000 is due, Petitioner paid Rs.1,500. Respondent No.1 issued notice to the petitioner on 4.7.2003 demanding payment of entire balance amount