TaxTMI 
TaxTMI 
2022 (6) TMI 1131
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.... 2. According to the complainant, the petitioner borrowed a sum of Rs.9 lakhs and to discharge the debt, he gave the subject cheque. However, on presentation of the same, it was returned with an endorsement "Insufficiency of fund". Hence, statutory notice dated 20.11.2015 was sent to the petitioner, which was received by the petitioner on 23.11.2015. The petitioner gave a reply dated 26.11.2015 containing false averments denying the liability and alleging the subject cheque was issued to one Ravi in connection with the loan transaction for purchasing three vehicles. To discharge the loan, the vehicles were handed over to Ravi, who sold the vehicles and appropriated the proceeds for the loan amount. He did not return the cheque given as secu....
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....ation of Rs.9,000/-, in default, to undergo Simple Imprisonment was imposed. 6. The learned counsel appearing for the revision petitioner submitted that the appellate Court erred in reversing the well considered judgment of the trial Court. For advance of huge sum of Rs. 9 lakhs the complainant had no wherewithall. This has been raised in the reply notice itself. In spite of the said defence, the complainant has not produced any document to show, he had Rs.9 lakhs to advance loan to the accused/petitioner. In the cross examination, he has stated that he had given the entire loan of Rs.9 lakhs as cash in his house and the source of his income is 6 acres of agricultural land. Even for that he has not produced any document. Therefore, the t....
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.... led by him or the accused can also rely on the materials submitted by the complainant in order to raise a probable defence. Inference of preponderance of probabilities can be drawn not only from the materials brought on record by the parties but also by reference to the circumstances upon which they rely. 25.4.That it is not necessary for the accused to come in the witness box in support of his defence, Section 139 imposed an evidentiary burden and not a persuasive burden and not a persuasive burden. 25.5 It is not necessary for the accused to come in the witness box to support his defence. 30. ..............complainant financial capacity. Court cannot insist on a person to lead negative evidence. The observation....
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.... the subject cheque. The cash was given in 500 and 1000 rupees denomination at his house. It was the savings kept in the house and not drawn from the bank. Except he and the petitioner, none were present in his house at that time. Though he claims, he has 6 acres of land, he admits that he has not produced any document to show that he hold 6 acres of land. It is suggested in the cross examination to PW-1 that he has no source of income to advance loan of Rs.9 lakhs and that is the reason why he has not produced any document to prove his income. 11. The consistent defence of the petitioner eversince he received the statutory notice from the complainant/respondent is that there was no privity of contract and the cheque was not given to the....