AI Overview...
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No Documentary Evidence for Large Advances - Several sources (L. Raju VS Gurappa Reddy - Crimes, L. Raju VS Gurappa Reddy - Crimes, Shiv Dial Singh VS Jitender Kumar - Dishonour Of Cheque, Vishal VS Prakash Kadappa Hegannawar - Karnataka, Krishna P. Morajkar VS Joe Ferrao - Dishonour Of Cheque, Shaikh Jalal VS State of Goa through Public Prosecutor Panaji Goa - Bombay, Shiv Dial Singh VS Jitender Kumar - Punjab and Haryana, Vishal S/o. Shrinivas Malpani VS Prakash Kadappa Hegannawar - Karnataka, HARIKUMAR.K.N. vs MATHEW KORA - Kerala) highlight that there is generally no concrete documentary proof (such as written agreements or receipts) for the alleged large cash advances or loans. The absence of such documents weakens the credibility of claims regarding substantial amounts being advanced without proper documentation.
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Presumption Under Negotiable Instruments Act - Multiple references (Shiv Dial Singh VS Jitender Kumar - Dishonour Of Cheque, Shaikh Jalal VS State of Goa through Public Prosecutor Panaji Goa - Bombay, Shiv Dial Singh VS Jitender Kumar - Punjab and Haryana) emphasize that in cases involving cheques, the presumption under Sections 138 and 139 of the Negotiable Instruments Act (NI Act) applies only when there is clear evidence of loan agreement and proper documentation. The issuance of a cheque alone, especially without supporting documents or interest charges, does not automatically establish liability.
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Issue of Blank Cheques and Circumstantial Evidence - Several cases (Shiv Dial Singh VS Jitender Kumar - Dishonour Of Cheque, Shiv Dial Singh VS Jitender Kumar - Punjab and Haryana, Kali Kishore Pal VS Abdul Karim - Calcutta) discuss the defense that cheques were blank or came into possession of complainants during business transactions without a formal loan agreement. Courts often scrutinize surrounding circumstances, signatures, and the context of cheque issuance to determine authenticity and intent.
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Burden of Proof and Credibility - The petitioner or complainant bears the burden to prove the source and existence of the loan (HARIKUMAR.K.N. vs MATHEW KORA - Kerala, Vishal S/o. Shrinivas Malpani VS Prakash Kadappa Hegannawar - Karnataka). Courts have consistently held that without clear proof of the transaction, including written agreements or interest charges, claims of large advances are unsubstantiated.
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Conclusion - Courts tend to dismiss or acquit accused persons in cheque dishonor cases where the complainant fails to produce documentary evidence or establish the loan's existence convincingly. The mere issuance of a cheque, especially without supporting documents or clear proof of the debt, is insufficient to prove liability under the NI Act or to substantiate claims of huge cash advances.
References: - L. Raju VS Gurappa Reddy - Crimes, L. Raju VS Gurappa Reddy - Crimes, Shiv Dial Singh VS Jitender Kumar - Dishonour Of Cheque, Vishal VS Prakash Kadappa Hegannawar - Karnataka, Krishna P. Morajkar VS Joe Ferrao - Dishonour Of Cheque, Shaikh Jalal VS State of Goa through Public Prosecutor Panaji Goa - Bombay, Shiv Dial Singh VS Jitender Kumar - Punjab and Haryana, Kali Kishore Pal VS Abdul Karim - Calcutta, Vishal S/o. Shrinivas Malpani VS Prakash Kadappa Hegannawar - Karnataka, HARIKUMAR.K.N. vs MATHEW KORA - Kerala
Search Results for "Huge Amount Advanced with out any Document Cheque Came Conclusion"
• India - Crimes
PRADEEP D.WAINGANKAR
Admittedly, there is no documentary evidence for having advanced such a huge amount as hand loan to the accused. ... Thus the learned Magistrate appreciated the evidence in its proper perspective and came to the right conclusion that the complainant ... No specific date on which the amount was advanced as hand loan is not forthcoming in the complaint.
• India - Crimes
PRADEEP D.WAINGANKAR
Admittedly, there is no documentary evidence for having advanced such a huge amount as hand loan to the accused. ... Thus the learned Magistrate appreciated the evidence in its proper perspective and came to the right conclusion that the complainant ... No specific date on which the amount was advanced as hand loan is not forthcoming in the complaint.
• India - Dishonour Of Cheque
RAMESHWAR SINGH MALIK
— Not settled any interest — HELD — Complainant miserably failed to prove existing liability that complainant made advance amount ... loan — No document reduced into writing — Accused not close relative of complainant only acquainted — No business transaction between ... to accused — Against which cheque in question issued — No presumption under S. 139 of NI Act can be attached against accused. ... Defence that a blank cheque came into hands of complainant during business transaction a....
2020 0 Supreme(Kar) 309 • India - Karnataka
PRADEEP SINGH YERUR
document or agreement - Therefore it is hard to believe that complainant has parted with huge amount without there being any supportive ... a cheque in favor of complainant which is produced and marked as Ex.P-1 - When accused presented cheque for encashment same came ... document or witness to said parting of amount - It is also relevant to note here that when accused raises plea that there is no ... Therefore, it is hard to believe that the complai....
• India - Dishonour Of Cheque
R.C.CHAVAN
of loan in Income Tax Return of applicant but there is categorical admission on part of applicant that amount was unaccounted amount—Conclusions ... Sessions Judge erred in coming to conclusion that since respondent had agreed to sell his business he had enough money with him ... a person signs a cheque and delivers it, even if it is a blank cheque or a post dated cheque, presumptions under Section 118(b) ... It is true that merely because amount #HL....
2017 0 Supreme(Bom) 1386 • India - Bombay
PRITHVIRAJ K.CHAVAN
Netogiable Instruments Act, 1881 - Sections 138, 139 and 118-Dishonour of cheque-Presumption ... Why no instrument was executed although a huge sum of money was allegedly paid to the respondent was a relevant question which could be posed in the matter. It was open to the High Court to draw its own conclusion therein. Not only no document had been executed, even no interest had been charged. ... The cheque came to be issued as an advance. Since the complainant failed ....
2015 0 Supreme(P&H) 1682 • India - Punjab and Haryana
RAMESHWAR SINGH MALIK
Negotiable Instruments Act, 1881, S.138 & S.139--Dishonour of Cheque--Acquittal of Accused--Challenged--Complainant advanced a friendly ... at the time of advancement no document was reduced in writing--No presumption under section 139 of Act, can be attached against ... loan of Rs.2.50 Lakhs to accused who issued cheque to repay the same--Cheque dishonoured--Complaint dismissed--Trial Court acquitted ... Defence that a blank cheque came into hands of complainant duri....
1897 0 Supreme(Cal) 221 • India - Calcutta
If the surrounding circumstances led to a conclusion of improbability as to the contents of the document, consideration of these ... with Trial Court's Findings - [Section 9] Fact of the Case: The creditor, a businessman, claimed to have lent and advanced ... , the contents of the document had to be examined in the light of surrounding circumstances. ... Kajaria in this document and on the basis of similarity of the signatures came to the conclusion that the signatu....
2020 0 Supreme(Kar) 1977 • India - Karnataka
PRADEEP SINGH YERUR
Accordingly complainant has advanced amount as for his hotel business and that accused had agreed to repay said amount within two ... During first week of March, he requested the accused to repay loan amount and accordingly accused issued a cheque in favour of complainant ... against - Complaint came to be filed by the complainant against accused for recovery of amount - Case of complainant that his father ... Therefore, it is hard to believe that the complainant has ....
2011 Supreme(Online)(KER) 31658 • India - High Court of Kerala
K.HEMA, J
The trial court acquitted the respondent, establishing that the petitioner failed to demonstrate the source of the funds advanced ... Fact of the Case: The petitioner accused the respondent of dishonoring two cheques issued for a debt. ... Ratio Decidendi: The burden of proof rests on the complainant to prove the issuance of cheques in favor and the existence ... There is no explanation from the complainant as to why he advanced such a huge amount of Rs.14,00,000/- to the accused wi....
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