TaxTMI 
TaxTMI 
2018 (6) TMI 901
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....o submits that he also arranged a sum of Rs. 3 lacs for accused on her request, made, through Smt. Pushpa Devi. He further submits that when he demanded the aforesaid amount, the accused issued a cheque No.072825 of 15.09.2013, in his favour, drawn at Allahabad Bank, Shimla, amount to Rs. 1,72,500/-. The said cheque was returned unpaid on 9.10.2013 with remarks "funds insufficient". The complainant served a legal notice upon the accused through registered post and it was replied by the accused, however, she failed to defray the cheque amount. Hence the complaint. 3. A notice of accusation, was, put to the accused by the learned trial Court, for hers, committing an offence punishable under Section 138 of the Negotiable Instruments Act. In proof of his case, the complainant examined 2 witnesses. On conclusion of recording, of, the complainant's evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded by the learned trial Court, wherein, the accused claimed innocence, and, pleaded false implication, besides she examined two witnesses in her defence. 4. On an appraisal, of, the evidence on record, the learned trial Court, returne....
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.... depended upon the testification, of Krishan Kumar. However, the latter omitted, to, purvey his appropriate corroboration thereto. The effect of the aforesaid defence reared, by the accused/respondent, being hence falsified, (i) also carries the further effect, of, the further defence, reared by the accused/respondent, of the amounts scribed, in words and figures, in, the dishonoured negotiable instrument, borne in Ex.CW1/A, being not authored, by her rather being authored by the complainant, (ii) arising, from qua at the time contemporaneous to hers, purportedly liquidating the sum of Rs.one lac, his not returning to her, three blanks cheques, being also negatived, (iii) conspicuously with the respondent/ accused, not lending efficacious proof in respect thereof, comprised in hers either making, any apposite testification in respect thereof nor hers thereafter, instituting an application cast, under, the provisions of Section 45 of the Indian Evidence Act, for, sending the disputed scribings occurring, in, Ex.CW1/A, to the Handwriting Expert concerned, for the latter being hence enabled, to compare them, with, her admitted signatures or scribings, (iv) contrarily, with the aforesa....
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....pect of which the suit is instituted, or the decree in respect of which the application for execution is presented; or (iii) if he is not already a registered and licensed money-lender, satisfies the court that he has applied to the Collector to be registered and licensed and that such application is pending; Provided that in such a case, the suit or application shall not be finally disposed of until the application of the money-lender for registration and grant of licence pending before the Collector is finally disposed of." (i)whereunder an unregistered money lender, is, barred, to enforce his claim, against, his borrower by instituting a civil suit or upon rendition of an affirmative decree, he is forbidden, to realize the decretal amount, through his casting an execution petition, before, the executing court concerned, (ii) hence concluded that the amount, borne, in Ex. CW1/A, being, not a legally recoverable debt or a legally enforceable debt, thereupon, pronounced an order, of acquittal, upon, the respondent/accused. The factual besides evidentiary matrix, for, the learned trial Court, hence, errecting the aforesaid inference, (iii) is, comprised, i....
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....ather bearing consonance, with, the amount carried, in the dishonoured negotiable instrument, (x) whereupon, it is apt, to, conclude, of no, interest being charged or levied by the complainant, from, the respondent/accused, in the latter making, hence, borrowings from him. Corollary thereof, is, it being unbefitting to conclude, of, the complainant, charging or levying, any interest, on the money lent by him to the apposite borrowers AND hence his being not construable to be a money lender. 11. Be that as it may, even if assumingly, the complainant, is construable to be an unregistered or an unlicensed professional money lender, and, even if assumingly, the bar constituted under Section 3 of the H.P. Registration of Money Lenders Act, 1976, is attracted vis-a-vis the purported business of money lending, carried by the complainant, (i) nonetheless, the bar, is, attracted only, against, institution of a civil suit, and, for realization, through, coercive processes, of, decrees rendered thereon, (ii) the bar obviously, is, not attracted vis-a-vis, the institution of a complaint, under Section 138 of the Negotiable Instruments Act, (iii) given non existence of any specific explicit ....