Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2017 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 1768 - HC - Indian LawsDishonor of Cheque - insufficient funds - repayment of friendly loan - Section 138 of the Negotiable Instruments Act, 1881 - Held that:- The parties were in fiduciary relationship and heavy burden was on the complainant to prove that he had advanced a loan of ₹ 15,00,000/- to his client without obtaining any writing and that he has not misused any blank cheque of his client. Such loan was not shown in the income tax return of the complainant. The case of the complainant becomes highly doubtful and is not beyond all reasonable doubts. Therefore, no presumption under Section 138 of the Negotiable Instruments Act, 1881 can be raised - Both the courts below erred in holding the accused- petitioner guilty for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Decided against petitioner.
|