Negotiable Instruments Act, 1881
Section 138—Dismissal of complaint—Appeal—As the execution of cheques have been duly proved, the presumption under Section 139 of the NI Act comes in favour of complainant and initial burden of proof shifts upon the accused, who has to rebut the presumptions in order to raise a reasonable probable defence in his favour—Respondent-accused has discharges his burden while placing reliance on a notice issued to the accused that cheques in question were not issued against any admitted liability but were issued towards security being member of the committee—Complaint has not thereafter been able to prove that the cheques in question were issued to him against an admitted liability—No evidence has been adduced by complainant thereafter—On the contrary, from the earlier decision and the evidence adduced in the instant case, would clearly reveal that the appellant is engaged in the business of money lending—He has not disclosed the loan extended to the respondent—Without any license he cannot engage himself in the business of money lending—No ground found to interfere with impugned order—Appeal dismissed. [Criminal Procedure Code, 1973, Section 378]
[Para 12]
Decision : Appeal dismissed