2022 (4) TMI 984

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.... witnesses enumerated in the list of witnesses. 2.The petitioner is an accused and the respondent is the complainant. The respondent lodged a complaint for the offence punishable under Section 138 of the Negotiable Instruments Act, alleging that the petitioner had borrowed a sum of Rs. 8,00,000/- as a hand loan on 21.08.2016. In order to repay the same, the petitioner issued cheque for a sum of Rs. 8,00,000/- and the same was presented for collection. However, it was dishonoured for the reason that 'account closed'. After causing legal notice as contemplated under Section 138 of the Negotiable Instruments Act, the petitioner filed the complaint and the same has been taken on the file of the learned Judicial Magistrate No.I, Raman....

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....e Limited, 409, KTM Salma Centre, 1st Floor, Vandikara Street, Ramanathapuram - 623 501. To bring the loan application submitted by the complainant for hire purchase of the two wheeler bearing Registration No.TN-65- R-7750 and also the copy of the statement of account of that loan account and depose about the same. 5. The District Collector, Ramanathapuram District, Ramanathapuram. To produce and depose about the affidavit submitted by the complainant regarding her assets and liabilities at the time of submission of her nomination in the last local body election held in October, 2011 for the post of President of R.S.Madai Panchayat. 6. The Manager, State Bank of India, Ramanathapuram Branch, Ramanathapuram. To produce a....

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....tice, dated 18.03.2017 issued under Section 138 of the Negotiable Instruments Act, the petitioner had sent reply notice, dated 07.04.2017 and specifically stated that the petitioner belongs to a highly rich and reputed family and he is one of the trustees in Mohamed Sathak Trust which runs 18 educational institutions in Tamil Nadu and his monthly rental income itself exceeds many lakhs. Therefore, he had no necessity to borrow any money that too from the respondent herein. Further, revealed that the respondent is only a name lender and the main person behind this offence is one Seyed Jawwad. Further, the respondent had no source of money to lend such a huge amount. Therefore, to rebut the evidence of the respondent, the petitioner necessari....

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....arned Senior Counsel appearing for the petitioner and the learned counsel appearing for the respondent and perused the materials available on record. 6.On a perusal of the materials available on record, for the offence under Section 138 of the Negotiable Instruments Act, the accused can rebut the evidence of the respondent by crossexamination, by examining witnesses on the side of the petitioner and produce materials and documents to rebut the evidence of the respondent to disprove the case of the respondent. In the case on hand, the petitioner had taken a specific stand that the respondent had no source of income to lend such a huge sum of Rs. 8,00,000/- to the petitioner herein, when the petitioner is highly a rich person and he had as....