Section 139 N.I. aCT

Querist : Anonymous (Querist) 01 February 2011 This query is : Resolved
One of my client gave Rs. 1.5 lacs cash to his friend as a loan in year 2006-07.No document regarding said loan was exrcuted between paries due to frindship.Thereafter lonee issued a cheque of Rs.1.5 lacs to my client.Said cheque was bounced.I filed a complaint on behlf of my client u/s 138 N.I. act. Now after concluding of evidence etc. case is fixed fir final arguments.I think that my client's case could be dismissed on account of non proving of giving of loan to accused.What are latest citations on this issue.Please do tell.

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Amit Minocha (Expert) 01 February 2011
the debt needs to be proved in evidence. In this case your client could have produced the source of lending and witnesses then it may have survived. What was stmnt of accused u/s 313 is also important. Your query is silent upon the same besides cross of the complainant is equally imp.

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