1997 (1) TMI 550

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....st him under section 138 of the Negotiable Instruments Act, 1881. 2. The case of the appellant-complainant in brief is that he deals in manufacture of general merchandise and had business dealings with the first respondent who owed a sum of ₹ 5,45,000 as per the settlement of account dated March 31, 1990. The first respondent, in discharge of his liability to pay the said amount, issued a c....

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....ccused has issued the cheque in question in the discharge of his liability to pay any amount to the appellant. It also reached the conclusion that by the time the cheque was alleged to have been issued, the first respondent-accused had closed his account with the Canara Bank. The lower court on assessment of the evidence on record disbelieved the case of the appellant and acquitted the first respo....

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....members or had executed receipt evidencing the same. The case of the appellant, as set out in the complaint, is that he had business dealings with the first respondent-accused and after settling the account, the accused-respondent has issued a cheque for an amount of ₹ 5,45,000. It is well-settled that no amount of evidence can be looked into without allegations made in the complaint. The om....

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....our of one Laxminarayana Reddy evidencing a loan of ₹ 15,000. But, PW-1 in cross-examination admitted that he did not know any person by name Laxminarayana Reddy. 7. The alleged loan was advanced in the year 1985 and the cheque was issued in the year 1990. By the time the cheque was issued, the debt appears to have been barred by limitation because no acknowledgment is alleged to have been ....