1997 (1) TMI 550

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....ndent of the charge levelled against 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 Rs. 5,45,000 as per the settlement of account dated March 31, 1990. The first respondent, in discharge of his liability to....

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....lish that the first respondent-accused 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 appella....

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.... and his family 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 Rs. 5,45,000. It is well-settled that no amount of evidence can be looked into without allegations made in the compl....

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.... favour of one Laxminarayana Reddy evidencing a loan of Rs. 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 bee....