K. Subramani Vs. K. Damodara Naidu
|
Head Note
The Negotiable Instruments Act, 1881 - Section 138 , Section 139
Dishonour of Cheque - The complainant and accused were Government employees at the relevant time and governed by Conduct Rules which prescribes the mode of lending and borrowing which was not followed - Loan said to be disbursed in cash and the same disputed - The source claimed by the complainant is savings from his salary and an amount of Rs.5 lakhs derived by him from sale of site No.45 belonging to him which neither pleaded in complaint nor in his chief-examination - The concerned sale deed was also not produced - Complainant did not produce bank statement to substantiate his claim - The trial court took into account the testimony of the wife of the complaint in another criminal case arising under Section 138 of the N.I. Act in which she has stated that the present appellant/accused had not taken any loan from her husband - On a consideration of entire oral and documentary evidence the trial court came to the conclusion that the complainant had no source of income to lend a sum of Rs.14 lakhs to the accused and he failed to prove that there is legally recoverable debt payable by the accused to him - Held that the said conclusion of the trial court has been arrived at on proper appreciation of material evidence on record - The impugned judgment of remand made by the High Court in this case is unsustainable and liable to be set aside.
Topic(s)-
Important Decision(s)- The source claimed by the complainant is savings from his salary and an amount of Rs.5 lakhs derived by him from sale of site No.45 belonging to him which neither pleaded in complaint nor in his chief-examination - The concerned sale deed was also not produced - Complainant did not produce bank statement to substantiate his claim.