2020 (2) TMI 1706

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....of Juneja Street near old Telephone Exchange, Jalalabad (West), District Ferozepur. Inter alia in the complaint, the complainant contended that on account of friendly relations between him and the accused, the latter raised a friendly loan of Rs. 20,000/- from the former for his domestic needs and promised to repay the loan within short period; that in order to discharge his liability towards aforesaid debts, the accused issued cheque No. 074744 dated 26.5.2007 in the sum of Rs. 20,000/- drawn from his account with State Bank of India, Branch Jalalabad in favour of the complainant giving an assurance at that time that on presentation, the cheque would be encashed; the complainant accordingly presented the cheque with Oriental Bank of Commer....

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....judgment dated 26.8.2010. 4. The main reason for dismissal of the complaint was that the complainant is a money lender and the alleged advance stated to have been made by him to the accused could not be considered to be out of the purview of the money lending business of the complainant. Ultimately learned trial Magistrate referring to judgment Anil Baburao Kataria Versus Purshottam Prabhakar Kawane, 2010(2) RCR 843 by Bombay High Court concluded that upon strength of evidence on the parties, it is to be stated that there is a grave doubt on record regarding the requisite registration of the complainant under the Punjab Registration of Money Lender's Act, 1938, therefore benefit thereof is to be afforded to the accused. Accordingly, ....

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....ce to practice money lending. Secondly, even it is taken that complainant had been engaged in avocation of money lending, then it may be a relevant factor in a civil suit but not in a complaint under Section 138 of the Act. In support of his that contention, he has referred to authorities. The first being Jupiter Brokerage Services Ltd. Versus Ektara Exports Pvt. Ltd. & Ors. 2015(37) RCR (Criminal) 775, wherein it was observed that money lending without licence is not totally barred on prohibited by the Bengal Money-Lender's Act, 1940 and as per presumption under Section 139 of Negotiable Instruments Act unless contrary is proved holder of cheque has received cheque for discharge in whole or in part of a debt or liability, though such p....