2011 (4) TMI 1523

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..... the notes of evidence and the impugned judgment and order. It was the case of dishonour of two cheques for ₹ 2,00,000/- and ₹ 1,00,000/- allegedly given by the accused for repayment of the loan amounts advanced @ 2 % per month. It was also alleged that the promissory notes were executed in favour of the complainant by the accused in respect of the said debts. 2 . The learned trial .....

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..... forming a view in a criminal case even the evidence led by the complainant or prosecution is sufficient and the accused is not expected to prove anything except bringing on record material suggesting existence of a view based on preponderance of probabilities pertinently the complainant averred that he is an agriculturist and yet, he happens to reside in urban area like Ghatkopar, Mumbai and conti .....

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..... . 5. It is pertinent to note that the transactions of such huge amounts were in cash and promissory notes stipulating interest were got executed. No money lending licence has been produced before the trial Court. In light of the above facts, the trial Court is justified in holding the view that the debt in question is not legally enforceable debt as per the provisions of Bombay Money Lenders Ac .....

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