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2023 (9) TMI 859 - DELHI HIGH COURTDishonour of Cheque - money lending business - whether a person can be debarred from filing and prosecuting complaint under section 138 of the Act if he is doing business of money lending without holding a valid licence and whether there is apparent conflict between section 3 of Punjab Registration of Money Lenders Act, 1938 and section 138 of the Act? HELD THAT:- The Delhi Court in DHANJIT SINGH NANDA VERSUS STATE & ANR. [2009 (2) TMI 852 - DELHI HIGH COURT] rejected the argument that the complainant is debarred from recovering loan amount as he is not a registered money lender. This court in Guddo Devi @ Guddi V Bhupender Kumar [2020 (2) TMI 676 - DELHI HIGH COURT] observed that there is no material to conclude that the respondent was carrying on the business of advancing loans. Merely because the respondent had lent money to three or four persons, did not lead to the inference that the respondent had been carrying out the activity of money lending as a business. It is acceptable proposition of law that section 3 of Punjab Registration of Money Lenders Act, 1938 does not limit operation of section 138 of the Act and both are independent and mutually exclusive to each other. If a person advances a loan even without having a valid money lending licence or certificate he can institute and prosecute complaint under section 138 of the Act on basis of cheques and he has to satisfy only the mandatory requirements of section 138 of the Act. The trial court dismissed the complaints at pre-trial stage without giving an opportunity to the petitioner to lead evidence. The IN RE : EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881. [2021 (4) TMI 702 - SUPREME COURT]as argued and cited by the counsel for the petitioner has held that Section 258 of Cr. P.C. is not applicable to a summons case instituted on a complaint and as such section 258 Cr. P.C does not have any role to play in respect of the complaints filed under Section 138 of the Act. The trial court is not vested with inherent power either to review or recall the order of issuance of process. Petition allowed.
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