Complainant required to response that he advanced cheque amount in actual

By Advocate Vikrant Pratap Singh Rajawat

_*•NI ACT Section 138 Evidence Act Section 114 Dishonour of cheque Presumption thereof Burden of proof Held, that negative burden cannot be cast upon the respondent to prove his innocence Besides, the complainant has not produced his books of accounts and relevant material to show that the amount in question was ever advanced to the respondent accused Financial capacity of a person to pay would not necessarily mean that the amount in question had been advanced to an accused The obligation is upon the complainant to establish, when a question is raised about the ability and the fact of having advanced a loan, that not only did the complainant have the financial capacity to advance the amount claimed to have been advanced but also that such an amount was actually advanced The complainant failed to establish the same by any cogent and convincing evidence All the material facts already stand examined by the Chief Judicial Magistrate Tarn Taran It cannot be said that the finding so recorded by the Chief Judicial Magistrate, Tarn Taran is perverse or suffers from legal infirmity or impropriety. [Para 23]*_

_*Gurbir vs Raj CRA-AS 28/22 28/03/22 [ VINOD JJ ]*_

_*[ PUNJAB & HARYANA HIGH COURT ]*_


11 Jun 2022 392 114