Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (11) TMI 444 - MADRAS HIGH COURTDishonor of cheque - existence of legally enforceable debt or not - case of the defence is that the cheques were handed over only towards security in the course of the business transaction to one Siva Arasu and he had presented some of the cheques to this complainant - Section 138 of the Negotiable Instruments Act - HELD THAT:- The accused has to owe a sum of ₹ 13,45,000/-, to her husband. According to her, a sum of ₹ 81,190/- is due payable under "Sun Shine Trading Company" and ₹ 5,13,994/- is due payable under "Macsun India". As the accused never procure any order and that represents the two cheques and other two cheques namely one for a sum of ₹ 1,02,220/- and another cheque for a sum of ₹ 6,47,632/- are due in view of the interest payable on the advance amount - Admittedly, no books of accounts have been filed before the Court to show that the accused owed money as claimed by PW1 and there was an agreement to pay the interest amount in default of the repayment of the principal amount. Admittedly, she is not aware in the business transaction between the complainant and the accused and her husband is responsible for business activity. Furthermore, she has not produced books of accounts for the Company though she said she willing to produce the same and no calculation sheet has been filed to show the period of interest and rate of interest and principle amount - in view of the answer elicited in the cross examination of the PW1, the suggestive case of the defence that he has not received any amount from the complainant, a cheque that was given to complainant has also probablise the suggestive case to the preponderance of probability level that passing of consideration is doubtful as claimed by PW1. In the absence of any positive evidence to prove the preexisting legally enforceable debt, this Court does not find any reasons to interfere with the order passed by the Courts below - Appeal dismissed.
|