Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (6) TMI 466 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - documents were sought to be produced on issuance of summons - rebuttal of presumption - HELD THAT:- According to the reply notice issued by the accused, he agreed to provide labour for harvesting the sugarcane and also transport the same to the factory premises. He had to sign some documents and provide blank signed cheque as security for the work undergone by him and he signed the documents prepared by the complainant and handed over blank cheque duly signed by him and the contents of the documents were never explained and the said blank cheque has been misused which was given by the accused as security towards performance of the work. It is needless to say that the complainant who has filed the complaint has to prove his case. The learned Magistrate has further observed that the accused has entered into contract with the complainant/factory and it is the defence of the accused that he has taken loan from State Bank of India/Bank of India, M.K. Hubli, for which the complainant/factory stood as a corporate guarantor and that till the debt is cleared by the complainant, there can be no legally enforceable debt from the accused - To show that there is no legally recoverable debt and for that purpose, the document sought are not required. It has also observed that if the documents sought are summoned then it will be nothing but assuming the powers of the Civil Court to look into the fact of the amounts due/set off such as who is entitled for what amount etc., which is impermissible in a prosecution under Section 138 of the Act. Petition dismissed.
|