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TMI Blog2015 (8) TMI 1522X X X X Extracts X X X X X X X X Extracts X X X X ..... es from the accused, is apparent, and in any case, cannot be ruled out. Moreover, since the complainant has advanced a similar loan to a number of persons, the transactions in the present two cases are quite likely to be of the type which the provisions of the Bombay Money Lenders Act prohibit. The conclusion arrived at by the learned Magistrate that the cheques in question could not be said to have been issued for the discharge of a legally enforceable debt or other liability, does not appear to be suffering from any infirmity or illegality. On a careful consideration on the facts of the case, it appears that in reality, there was no genuine transaction on the basis of any bill of exchange. The complainant simply had advanced some amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the complaints was numbered as C.C. No. 2/S/2003 and the other as C.C. No. 4/S/2003. The C.C. No. 2/S/2003 related to a cheque in the sum of ' 3,00,000/- while the other related to a cheque of ' 96,000/-. According to the appellant, cheques in both these cases had been given to him by the respondent No. 1 herein towards the repayment of friendly loan advanced by the complainant to him. That, since both the cheques were dishonoured, and that inspite of the notice of demand with respect to the dishonor of each cheque, the payments were not made, the aforesaid two separate complaints were filed by the appellant. 2. The learned Magistrate tried both the cases, and in both the cases passed an order of acquittal. The appellant is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y with them, and the Advocates so appointed sought a discharge, which was given. Ms. Anamika Malhotra, the learned Additional Public Prosecutor, who was at the material time, attached to this Court, was appointed as amicus curiae to assist the Court as the complainant pleaded that due to old age, he had difficulty in hearing. Nevertheless, later the complainant stated that he would argue the Appeals in person and that he was ready to go on with the matter. Since the complainant was raising a grievance about delay in disposal of the Appeal, the same were taken up for final hearing, and since today the complainant expressed his readiness to go ahead with the final hearing of the Appeals without the assistance of any Advocate, the same were fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cheque of ' 96,000/- was filed on 9th August 1995 and the complaint in respect of the cheque in the sum of ' 3,00,000/- was filed on 5th July 1996. 9. The defence of the accused No. 1 was that the complainant was illegally doing the business of money lending. It was submitted that the complainant had advanced loan with exorbitant rate of interest to some other persons who were also, like the accused No. 1, working in Reserve Bank of India. It was submitted that at the time of advancing the loans, the complainant used to obtain the signatures on blank bills of exchange, and also used to take blank signed cheques from the person to whom he would advance the loan. It is submitted that in this case, some loan transaction had indeed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persons disputed and challenged the writings on the bills of exchange and the cheques, the documents in question were forwarded to an expert for examination of the writings and his opinion thereof. However, the expert could not give definite opinion on the identity of the handwriting on the said documents. The learned Magistrate felt suspicious about the truth of the version of the complainant because of a number of factors, including the fact that the cheques in these two cases were of consecutive serial numbers, but one had been issued on 31st March 1995 and the other had been issued on 24th May 1996 i.e. after a period of more than one year. 12. When the cheque of ' 96,000/- was dishonoured on 5th April 1995, the complainant had g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgments delivered by the learned Magistrate. On considering the facts of the case, even this Court feels that the possibility of the complainant having taken blank signed cheques from the accused, is apparent, and in any case, cannot be ruled out. Moreover, since the complainant has advanced a similar loan to a number of persons, the transactions in the present two cases are quite likely to be of the type which the provisions of the Bombay Money Lenders Act prohibit. The conclusion arrived at by the learned Magistrate that the cheques in question could not be said to have been issued for the discharge of a legally enforceable debt or other liability, does not appear to be suffering from any infirmity or illegality. 15. The complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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