Cheque Dishonor Case: Lack of Evidence u/s 138 Weakens Claim of Legally Enforceable Debt for Insufficient Funds.

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....Dishonor of Cheque - insufficient funds - legally enforceable debt or not - Unless the cheques which were returned for 'insufficient funds' were proved to have been issued for legally enforceable debt, the action taken under Section 138 of N.I.Act will fail. Since the complainant did not prove that he had procured funds from his alleged friends and relatives by way of examining them, that would shift the preponderance of probabilities in favour of the accused. So it is unbelievable that the complainant had lent a huge sum in a short span of 40 days and that too to a person like the accused who is his casual acquaintance. - HC....