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2014 (8) TMI 394 - SC - Companies LawDishonour of cheque - offence punishable under Section 138 - proof of hand loan - Held that:- Accused appellant deals with sale and purchase of landed properties and the respondent-complainant works as a Lorry Driver under him with a salary of ₹ 2,500/- p.m. and ₹ 20/- per day towards miscellaneous expenses (bhatta). Admittedly, the Cheque in question was for ₹ 5,00,000/- and all the way the stand of the complainant was that he had given a hand loan of ₹ 1,75,000/- to the accused-appellant. We find no material on record in support of the claim of the complainant giving hand loan to the accused-appellant. There was also no calculation of account or stipulation of any interest on the alleged loan amount to show as to how the amount of ₹ 5,00,000/- was figured, in return of a hand loan of ₹ 1,75,000/-, if at all taken by the appellant from the complainant. In the absence of any authenticated and supporting evidence, we cannot believe that the complainantrespondent who is employed under the appellant-accused, has raised an amount of ₹ 1,75,000/- that too by obtaining loan of ₹ 1,50,000/- from a Bank, only to give hand loan to his employer. As the complainant himself admitted that his net savings in a year comes to about ₹ 10,000/-, it is not trustworthy that he was in a position to extend hand loan of such big amount to the appellant. - Looking at the corroborative evidence adduced by the defence witnesses and more particularly, in the absence of any material evidence in support of the claim of the respondent-complainant, we cannot uphold the impugned judgment - Appeal allowed with costs.
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