2019 (2) TMI 67

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....ondent before the lower Court is that the petitioner/accused borrowed the amount of Rs. 7,88,000/- from the respondent for personal requirement with promise to pay the same within some days. When the respondent has demanded the said money, the petitioner/accused issued a cheque bearing No.104156 for the said amount i.e. Rs. 7,88,000/- to the respondent thereafter the respondent deposited the aforesaid cheque in the Bank, but same was dishonored due to insufficient balance. Thereafter, respondent gave a notice to the petitioner/accused upon which he did not pay the cheque amount then the respondent/complainant filed an application under Section 138 of the Negotiable Instrument Act. Subsequently, the respondent has filed a complaint against t....

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....t is not disputed that the respondent/complainant is retired government servant and he is getting pension which it self shows that no such transaction has been taken place, and he has mis-utilized the cheque of the applicant/petitioner. It is apparent that income tax return of the respondent/complainant are important document and hence the same ought to have been summoned in court and proper opportunities should be awarded to the petitioner/applicant to his defence. 5. He further submits that the respondent/complainant is aged 65 years whereas the petitioner/applicant is having 35 years of age. In such circumstances friendly relationship between both of them appears to be doubtful and, it prima facie creates doubt on the version of the com....