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    <title>2014 (3) TMI 1214 - DELHI HIGH COURT</title>
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    <description>A complaint under Section 138 of the Negotiable Instruments Act was maintainable where issuance of a cheque towards an unpaid debt was established and the dishonour was followed by non-payment after notice. The evidence did not support the claimed loan of Rs. 10.40 lakh, but it did show at least Rs. 3 lakh had been paid to the accused and remained unpaid. The alleged repayment was not proved because the diary relied on was not shown to bear the complainant&#039;s signature. The money-lender objection also failed, as Section 3 of the Punjab Registration of Money Lenders&#039; Act, 1938 was held to govern civil recovery suits, not to bar the criminal remedy under Section 138.</description>
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      <title>2014 (3) TMI 1214 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=309932</link>
      <description>A complaint under Section 138 of the Negotiable Instruments Act was maintainable where issuance of a cheque towards an unpaid debt was established and the dishonour was followed by non-payment after notice. The evidence did not support the claimed loan of Rs. 10.40 lakh, but it did show at least Rs. 3 lakh had been paid to the accused and remained unpaid. The alleged repayment was not proved because the diary relied on was not shown to bear the complainant&#039;s signature. The money-lender objection also failed, as Section 3 of the Punjab Registration of Money Lenders&#039; Act, 1938 was held to govern civil recovery suits, not to bar the criminal remedy under Section 138.</description>
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