2014 ACD 507 (DEL) ::2014 (4) ADR (NOC) 255 (DEL) ::2014 (4) ADR 255 ::(2014) 210 DLT 587 ::(2014) 3 DLT(CRL) 157 ::(2014) 3 CivilCourtC 780 ::(2014) 3 RecCriR 372 ::(2014) 3 RecCivR 801 ::(2014) 2 NIJ 352 ::(2015) 1 CurCC 121

Delhi High Court

Hon'ble Judge(s): V. K. Jain , J

(A) Negotiable Instruments Act (26 of 1881) S. 138 — Dishonour of cheque — Complaint — Complainant engaged in money lending business — That would not debar her from filing complaint {" Even if the appellant/complainant was engaged in lending money, that would not debar her from filing a complaint under Section 138 of the Negotiable Instruments Act, if a cheque issued to her towards repayment of the loan advanced by her is dishonoured by the bank for want of funds and the drawer of the cheques fails to make payment within the prescribed time, after receipt of legal notice from the lender. Section 3 of the Punjab Registration of Money Lenders— Act, 1938, which applies to Delhi, to the extent it is relevant provides that notwithstanding anything contained in any other enactment for the time being in force, a suit by a money lender for the recovery of a loan shall, after the commencement of the Act, be dismissed unless the money lender at the time of institution of the suit is registered and holds a valid license or holds a certificate from the Commissioner granted under Section 11 of the Act, specifying the loan in respect of which the suit is instituted or if he is not already a registered or licensed money lender, he satisfies the court that he has applied for such registration or license but the application is pending. The aforesaid provision does not debar a money lender from instituting a complaint under Section 1....