5 Punjab & Haryana High Court Judgments in Cheque Dishonour cases on Friendly Loan

5 Punjab & Haryana High Court Judgments in Cheque Dishonour cases on Friendly Loan

we all know that the technology has now completely took over, we do our simplest to most crucial tasks with the help of technology and with all this Cheque Dishonour cases are gaining more and more importance day by day with the advancement of society, especially in metro cities.

Cheques made it easy for individuals to transact easily and hassle free, but there are many negative points too. Cheque Dishonour cases are on the rise today.

Here's the list of 5 Latest Punjab & Haryana High Court Judgments in Cheque Dishonour cases on Friendly Loan where the accused was acquitted by the hon'ble court.

[You can Check for Latest Judgments via this Link]

#1 Gulshan Lal vs Abhishek on 4 February, 2015
Friendly loan - No FIR - withdrawn from bank - No witness - financial capacity - Acquittal upheld

Important Points:

• Complainant has alleged that he has given friendly loan to the accused of Rs. 9.50 lacs but no particulars of the loan have been mentioned as to on which date and in whose presence the loan was given.
• The financial capacity of the complainant has also not been proved as to how he gave Rs. 9.50 lacs in one go to the complainant as loan.
• Secondly, there is no document on record that from where this amount of Rs. 9.50 lacs has come. There is also no document on record whether this amount has been paid by negotiable instrument or whether this amount has been withdrawn from the bank.
• No receipt has been taken from the accused while lending such a huge amount. No document has been got executed of any type. No security has been taken while lending the amount of Rs. 9.50 lacs.
• Read Full Judgment here

#2 Gentle Babu vs Naresh on 22 December, 2015
Loan to give loan - No Document - Huge Amount - withdrawn from Bank - Friendly Loan - Acquittal upheld

Important Points:

• The complainant stated that he took Rs. 21 Lakhs from one of his friends, but that friend was not examined in evidence.
• No written agreement took place between the parties in lieu of the amount given to the accused. Rs. 21 Lakhs is a big amount and no person can give such a big amount without any written agreement/document.
• such a huge amount of Rs. 21 Lakhs cannot be given by a person without executing any document.
• There is no document to show that this amount had been withdrawn from any bank account.
• The fact that the complainant borrowed Rs. 21 Lakhs to give it a friendly loan to another person also creates doubt in the version of the complainant.
• Read Full Judgment here

#3 Gauri Shanker vs Monika Sachdewa on 12 November, 2014
No documentary evidence - Huge loan - Friendly Loan - Date of Loan - Acquittal upheld

Important Points:

• The Court has also taken note of the fact that complainant has alleged that he lent a friendly loan to the accused keeping good relations with her whereas, he does not even know about the husband of the accused. 
• The Court further held that complainant has also not led any oral evidence except his own statement nor any documentary evidence to support the alleged loan transaction.
• The capacity to lend such a huge amount has also not been proved by the complainant.
• Read Full Judgment here

#4 Devinder Singh vs Mohan Singh on 25 September, 2013
Money Lending License - No Document - Admitted Signatures - Proof of Loan - Legally enforceable debt - Acquittal upheld

Important Points:

• The accused-respondent has discharged his liability and presumption by showing that the complainant- petitioner was money lender without having any valid licence and he was not an income tax payee.
• No record was maintained by him to show that the loan of Rs.3,50,000/- was given by him to the accused-respondent.
• Even though, the signatures have been admitted, but the complainant-petitioner has miserably failed to prove that he had advanced any legal enforceable loan in favour of the accused, qua which the cheque in question has been issued.
• Read Full Judgment here

#5 Mukesh Tyagi vs Vijay Singh Solanki on 18 December, 2014

Friendly loan without any document - Date of Loan - withdrawn from Bank - Financial capacity - Acquittal upheld

Important Points:

• Nobody will give the loan of Rs. 13,50,000/-, even friendly loan without executing any document.
• Secondly, no date has been given as to when this amount has been given. Only it is written that in the month of June 2012, this amount has been given.
• There is neither evidence on the record to show as to whether this amount has been withdrawn from any bank nor capacity of the complainant has been proved to lend such a huge amount.
• Thirdly, as per law discussed by the learned lower Court, the amount of more than Rs. 20,000/- cannot be paid in cash but only through cheque etc.
• Read Full Judgment here