TaxTMI 
TaxTMI 
2018 (3) TMI 641
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....se of the petitioner in the complaint filed was that the petitioner and respondent were having friendly relations. Since the respondent was in dire need of money, in the month of July 2012 he approached the petitioner and sought a friendly loan of Rs.2 lakhs for a period of three months. The CRL.L.P. 272/2016 Page 2 of 5 petitioner could arrange a sum of Rs.1,60,000/- and extended the said amount to the respondent by way of a friendly loan on 3rd July, 2012 for a period of three months. It is the case of the petitioner that on 10th October, 2012 the respondent issued three cheques in discharge of the said liability i.e. cheque Nos. 185065 and 185073 dated 10th October, 2012 and 16th October, 2012 both amounting to Rs.40,000/- each drawn on ....
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.... is contradiction in the testimony of the respondent and his mother as to the property sold. Hence the respondent having failed to prove the return of amount, the learned Trial Court could not have acquitted the respondent. 6. Legal position with respect to proof on a complaint under Section 138 of the Negotiable Instruments Act is well-settled. Once the petitioner proves its case, presumption is raised under Section 139 of the Negotiable Instruments Act which the accused is required to rebut, however the standard of proof required to rebut the presumption is not beyond reasonable doubt and if by preponderance of probability the respondent is able to rebut the presumption the same is sufficient. The case of the respondent is that am....
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....told me that he had to pay some amount to someone in Village Bagdola, New Delhi. Accused told me that he had earlier took some loan and that he had to repay the same. The amount was Rs.2 lakhs. The accused had collected the amount from his house. Thereafter, we all visited the house of the complainant in village Bagdola, New Delhi by my car. I know the accused for last 5-6 years. When we reached the house of the complainant, he has himself opened the door of the house and thereafter we were made to sit in the drawing room. At that time, the complainant was alone at his home. The accused paid the amount in the notes of denomination of Rs.500/- in my presence. Accused did not obtain any receipt from the complainant in respect of the said amou....