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TMI Blog2022 (2) TMI 1421X X X X Extracts X X X X X X X X Extracts X X X X ..... s dishonored due to 'insufficient funds. The complainant sent a legal notice dated 26.10.2017 (Ex.CW-1/D) to the respondent-accused through his counsel and proved the postal receipt dated 28.10.2017 (Ex.CW-1/E). The legal notice was sent after the statutory period of fifteen days. On non-receipt of money, despite demand notice, the applicant filed a complaint under Section 138 (a)(b)(c) of the Negotiable Instruments Act, 1881 (NIA) against the respondent-accused. 3. It shall be appropriate to extract paragraph 2 of the Legal Notice, which reads as follows: - "That the accused approached the complainant along with his wife, who is sister of one Mrs. Gita Sunar, who is employee of the complainant for the past about fifteen years now, and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avit. The complainant admitted in his cross-examination that he had filled up the cheque with his hand in the presence of the accused. After that, the accused had put his signatures on the cheque. The complainant also admitted that in the legal notice, it was mentioned that he had issued a post-dated cheque. However, he has explained that it was a typographical error. The complainant also admitted during his cross-examination as CW-1 that he had not made any pronote about the loan. He stated that the loan was given on the assurance of one of his staff members. However, he did admit that he did not know the accused before giving the loan. Thus, he gave the loan on the assurance of his staff member. 8. In answer to section 313 CrPC, the accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh Adaptation of Law Order, 1968. Section 4(2) of the Punjab Registration of Money-lender's Act stipulates that no money lenders shall carry on the business of advancing loans unless he gets himself registered under the Act, and any infringement thereof was a penal offence. The trial court held that, given the violation, the debt was not legally enforceable, and as such, it dismissed the complaint. 11. Aggrieved by the said dismissal of the complaint, the complainant-applicant came up before this Court by filing the present application under Section 378(4) CrPC, seeking special leave to appeal, as mentioned above. 12. I have heard learned counsel for the applicant-complainant in person and the respondent through his counsel and have gone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rimarily on the complainant to prove the debt amount. It was incumbent upon the complainant to tender in evidence some accounts, ledger, statement, or paper on record whatsoever, but he did not do so. He was silent about the loans being advanced at multiple dates. On being cross-examined, he did admit that the loans were not given on any particular date but various dates. The stand of the accused was that he did take loans on various dates, but every month, the complainant would enhance the amount by one lakh. Thus, the stand of the accused appears to be more probable and truthful than the stand of the complainant. 15. Although under section 118 NIA, there is a presumption of consideration, the presumption would come only when the legal no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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