- When the Accused Takes a Defence, the Main Point is that the Complainant lacked the Financial Means to Extend the Loan
- Several judgments highlight that the accused can raise the defence of insufficient financial capacity of the complainant to lend the claimed amount. For instance, ["2025 Supreme(Online)(Mad) 76579"] states, complainant lacked financial capacity to advance any loan to the accused, and notes that the complainant was working only as a coolie, implying limited means.
- Similarly, ["2023 0 Supreme(Bom) 927"] emphasizes that the accused's failure to prove repayment or establish financial capacity weakens the prosecution's case, stating, Accused failed to establish or discharge the burden regarding repayment of the loan, and that once the Accused admits of receiving loan from the Complainant, questioning his capacity to pay such amount would never arise as a defence.
- In cases like ["2025 0 Supreme(Mad) 2916"], the defence is that the complainant did not have the wherewithal to lend a large sum, supported by cross-examination evidence indicating lack of financial capacity.
The courts recognize that raising a probable defence requires the accused to produce materials or evidence that cast doubt on the complainant's claim, especially regarding financial capacity ["2025 Supreme(Online)(Mad) 76579"], ["2024 0 Supreme(Jhk) 283"].
The Court's Role in Appreciating Evidence and the Burden of Proof
- Courts are tasked with carefully assessing the totality of evidence to determine whether the accused has established a probable defence that challenges the complainant's case effectively ["2025 Supreme(Online)(Mad) 76579"], ["2025 Supreme(Online)(Mad) 76577"].
- The accused's defence cannot be merely possible or speculative; it must be probable, based on concrete evidence or credible circumstances ["2025 Supreme(Online)(Mad) 76579"], ["2025 Supreme(Online)(Kar) 29441"].
For example, in ["2023 0 Supreme(Tri) 48"], the defence that the accused borrowed only a small amount and issued a cheque for security was deemed insufficient, as the accused failed to substantiate the claim with proper proof.
Specific Defence Strategies and Their Effectiveness
- Defences such as claiming repayment without documentary proof or asserting that the loan was given for a different purpose (e.g., security or for a friend) are often scrutinized. Courts have found such defenses unprobable when not supported by evidence ["2025 Supreme(Online)(Mad) 76579"], ["2024 0 Supreme(HP) 234"].
- The defence that the accused had no means to lend large sums, especially when they possess property or assets, is considered more credible and can shift the burden onto the complainant to prove the loan transaction and capacity ["2025 Supreme(Online)(Mad) 76579"], ["2025 Supreme(Online)(Kar) 38874"].
Courts also consider whether the accused's conduct, such as not responding to statutory notices or not producing relevant documents, weakens their defence and favors the presumption of debt ["2023 0 Supreme(HP) 565"], ["2023 0 Supreme(AP) 1379"].
Summary and Conclusion
- The overarching principle across these cases is that when the accused raises a defence based on lack of financial capacity or dispute over loan details, it must be probable and supported by credible evidence. The courts have consistently held that mere denial or vague assertions are insufficient; instead, the accused must produce tangible proof or circumstances that cast reasonable doubt on the complainant's case ["2025 Supreme(Online)(Mad) 76579"], ["2025 Supreme(Online)(Mad) 76577"], ["2025 Supreme(Online)(HP) 9515"].
- Failure to establish such a probable defence results in the Court upholding the presumption of liability under the NI Act, leading to conviction ["2023 0 Supreme(P&H) 1581"], ["2023 0 Supreme(HP) 565"]. Conversely, credible evidence of inability to lend or repay can lead to the defence being accepted and the case being dismissed or acquitted ["2025 Supreme(Online)(Mad) 76579"], ["2025 Supreme(Online)(Kar) 29441"].
References:- ["2025 Supreme(Online)(Mad) 76579"]- ["2023 0 Supreme(Bom) 927"]- ["2025 0 Supreme(Mad) 2916"]- ["2023 0 Supreme(Cal) 345"]- ["2024 0 Supreme(HP) 262"]- ["Raju Thakur vs The State of Jharkhand - Jharkhand"]- ["2024 0 Supreme(Jhk) 283"]- ["2023 0 Supreme(Tri) 48"]- ["2026 Supreme(Online)(Mad) 1474"]- ["2025 Supreme(Online)(Mad) 76577"]- ["2025 Supreme(Online)(Mad) 76579"]- ["2025 Supreme(Online)(Mad) 76577"]- ["2024 0 Supreme(Chh) 243"]- ["2023 0 Supreme(P&H) 1581"]- ["2023 0 Supreme(HP) 565"]- ["2023 0 Supreme(AP) 1379"]- ["2025 Supreme(Online)(Kar) 29441"]- ["2025 0 Supreme(Mad) 2719"]- ["2025 Supreme(Online)(Kar) 38874"]