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2018 (11) TMI 929 - HC - Indian LawsDishonor of Cheque - recovery of loan - defendant/appellant contended that the said cheques were issued towards payment of insurance and not in discharge of any alleged loan amount - rebuttal of presumption presumption under section 139 of the N.I Act. Whether suit filed by the respondent/plaintiff is barred under section of 3 of Punjab Registration of Money Lenders' Act? - Held that:- Apparently, the factum of the respondent allegedly running a money lending business would require determination of facts and evidence which is not within the domain of this Court in terms of Section 100 of the CPC, 1908, as amended, RSA No. 160/20-18 and thus no issue in relation thereto is necessitated, and thus no such issue can be framed. Whether question of law regarding maintainability of the suit can be raised at the stage of first appeal? - Held that:- The aspect of issue of law of the suit being barred under the Provisions of Punjab Registration of Money Lenders Act has already been taken into account by the First Appellate Court and has been negated on the basis of the evidence led during the trial before the learned Trial Court and does not need any further reagitation. Whether appellant rebuttal rebutted the presumption under section 139 of the N.I Act, when respondent failed to prove that any loan was given to the appellant? - Held that:- No such issue is sought to be framed arises as any substantial question of law in the instant case which is in fact based purely on facts qua which there are concurrent findings of the learned Trial Court and the First Appellate Court. Whether if respondent claimed that he was charging the monthly interest, can it be a friendly loan or doing money lending covered under Punjab registration of Money Lenders' Act? - Held that:- The plaintiff i.e. the respondent to the present appeal did not bring forth that the defendant was running any business of money lending and that thus merely because interest was sought to be charged by the plaintiff on the loan given to the defendant/appellant. Whether issuing of cheque is amount (sic) (amounts) to presumption that cheque is issued for re-payment of loan? - Held that:- The presumption of law on issuance of a cheque in favour of the holder of the cheque, unless the contrary is proved that the holder of the cheque received the cheque of the nature referred to in Section 138 for the discharge in whole or in part of any debt or other liability, exists in law in terms of Section 139 of the Negotiable Instruments Act, 1881 as rightly held by the learned Trial Court and upheld by the First Appellate Court, and thus the formulation of the question of law to submit as to whether the issuance of a cheque amounts to a presumption that the cheque was issued for repayment of a loan as sought by the appellant does not arise in relation to repayment of any debt or other liability falling with the ambit of Section 139 of the Negotiable Instruments Act, 1881 itself. No substantial question of law having arisen or being involved which is per se the sine qua non for exercise of jurisdiction under Section 100 of the Code of Civil Procedure 1908 (as amended) - Application dismissed.
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