Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Landing capacity - Either by way of reply to the notice or in the cross examination of complainant there was no denial of lending capacity of complainant - Even in the evidence of accused, there was no denial of lending capacity - Contention regarding lending capacity is apparently untenable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction of Rs.23,94,700/- - Complainant failed to prove his financial capacity of lending such a huge amount to accused - He himself admitted that he was under debt - Complainant neither produced any evidence to prove liability of accused nor proved source of raising such a huge amount to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Financial capacity to advance loan - Evidence on record shows a probable defence on behalf of accused, which shifts burden on complainant to prove his financial capacity and other facts - Finding of Trial Court that complainant failed to prove his financial capacity of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Capacity to advance loan - Neither loan shown in income tax return nor in any other document - Even, no security document was taken at the time of lending the loan - Moreover, no source of huge amount of Rs.3,50,000/- has been disclosed by complainant -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Money financing business - Complainant doing finance business and having a Pvt. Ltd. Co. - But in the instant case loan given in his individual capacity - It was not elicited from complainant that he is financing to may others including the accused in his individual capacity -..........
