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2018 (11) TMI 680 - HC - Indian LawsDishonor of Cheque - recovery of loan given - proof of debt - Section 138 of the Negotiable Instruments Act, 1881 - prayer for grant of unconditional leave to defend - Held that:- In case the defence is found to be frivolous or vexatious or not raising a triable issue, thus leave to defend cannot be granted. In any case, the respondent/plaintiff has stated in the cross-examination in the case under Section 138 of N.I. Act that he had arranged amount by himself and also that he borrowed some amounts from his father and a close friend, and which in my opinion is sufficient justification for the respondent/plaintiff to have moneys for being granted as a loan to the appellant/defendant. In fact the appellant/defendant seems to have a belief that money borrowed is money earned. Appeal dismissed - decided against appellant.
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