2016 ACD 221 (KAR) ::2016 (1) AKR 211 ::(2016) 2 RecCivR 219 ::(2016) 2 RecCriR 278 ::(2016) 2 AllCriLR 170 ::(2016) 3 BankCas 472 ::(2015) 4 Crimes 261 ::(2016) 1 NIJ 632 ::(2015) 5 Kant LJ 472

Karnataka High Court

Hon'ble Judge(s): Pradeep D. Waingankar , J

( A ) Negotiable Instruments Act (26 of 1881) S. 138 — Dishonour of cheque — “Legally enforceable debt” — Accused categorically denied having taken loan from complainant — Complainant failed to produce his pass book or any other document to show that as on relevant day, he had that much of amount so as to lend same to accused — Figure shown in cheque i.e. Rs. 95,200/- itself creates doubts in mind of Court — No person would ask for loan of Rs. 95,200/- — In absence of legally enforceable debt, accused liable to be acquitted. (Paras7)