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2022 (8) TMI 1423 - HC - Indian LawsDishonour of Cheque - legally enforceable debt or not - cheques given as security - execution of cheques giving rise to statutory presumption under Section 118 and 139 of Negotiable Instrument Act - HELD THAT:- The learned Sessions Judge while allowing the revision application preferred by respondent Nos. 1 and 2 has observed that the contract which is forbidden by law is void contract. In cases of money lending business without license, the provisions under Section 138 of Negotiable Instruments Act are not attracted. According to the complainant huge amount of Rs. 4,50,000/- was parted to the accused. There was a Memorandum Of Understanding (MOU) dated 22.02.2014 between M/s. Monika Sumit Ujjain as the lender and M/s. Saga Infra as the borrowers. As per MOU it can be gathered that the transactions was without license. Post dated cheques were given by way of security. There are no reason to interfere with the impugned order - Criminal Revision Application stands rejected.
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