Cheque bounce NIA section 138

Y Singh N Rajput (Querist) 06 April 2010 This query is : Resolved
The basic feature of this matter is:

X files case u/s 138 against Y for cheque- bounce alleging that the bounced cheque were issued by Y as interest (Rs.1.5L) of the principal amount(Rs.25L).

On cross examination X says that the principal amount was routed by a third party Z though his account and X did not have any source to arrange principal amount. (X was in government service and did not have licence to lend).

I would like to know whether X would succeed in this case? A related judgment may please be cited.

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