TaxTMI 
TaxTMI 
2022 (9) TMI 791
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....rvices Authority was requested to appoint a Legal Aid Counsel to represent the respondent. Accordingly, Mr.K.V.Muthuvisakan, as Legal Aid Counsel for the respondent and he has ably assisted the Court. 3. A short facts involved in this case is that, the complainant a non banking finance company running chit transaction has filed a private complaint under Sections 138 and 142 of Negotiable Instruments Act, 1881 alleging that the respondent subscribed to the chit in a Group and Ticket No.G2E/145G/1 for the amount of Rs.1,00,000/-. The chit commenced on 17.09.2009 and terminated on 17.04.2011. The respondent participated in the chit auction, the prized money of Rs.75,529/- was paid to the respondent on 07.03.2010 through cheque. The same was....
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....e evidence to show, he is running a registered chit finance company, as per the provisions of law. (c)The issuance of cheque for the legally enforceable debt was not proved. (d)The complainant has failed to disclose two subscriptions of chit by the accused and adjustment of the installment paid for the second chit. (e)The complainant not aware of the exact amount due and payable. The cheque admittedly written by the staff of the complainant company and not by the drawer. 6. The learned counsel appearing for the appellant/complainant submitted that the trial Court has miserably failed to consider the fact that the accused has admitted the issuance of cheque as well as his chit transaction with the complainant co....
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.... The accused failed to rebut the presumption and infact the evidence of DW-1 substantially admits his liability and the guilt of dishonouring the cheque issued by him. 8. The learned counsel appointed by the Legal Services Authority to represent the accused/respondent submitted that the time and date on which the disputed cheque given to the complainant is highly doubtful and PW-1 neither able to disclose about the date on which the cheque was issued or for what amount the cheque was given. Having admitted that it was the blank cheque given by the accused/respondent, the exact debt recoverable ought to have been disclosed with proper statement of account. In the complaint, there is no evidence to substantiate the debt of Rs.48,898/- paya....
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....the first chit on the 7th month and paid three more installments thereafter. It means out of 20 months, he had paid installment for only 11 months. Similarly, he admits that from the 2nd chit he was irregular and did not pay the entire installment. He also admit that on 07.03.2010 he has withdraw the prized money of Rs.75,529/- and the money was paid through cheque which he has encashed through his bank. In such circumstances, besides his own admission, if one look at Ex.P9 the monthly ledger extract, the entire transaction between the complainant company and the accused is reflected and liability gets proved. 13. To rebut the presumption of legally enforceable debt, the accused rely upon three documents. But they had not substantiated t....