Cheque bounce case -- Cheque for repayment of loan -- No disclosure about the date of demand of loan and giving of loan in the complaint -- Accused has taken the defence from the very beginning that blank cheque was given to the complainant as security which was later on misused by the complainant -- Cheque has been filled in with different inks and different hand writings, rather admission clearly indicates that it was taken well in advance – Complainant was in a dominating position and had been advancing loans after getting their signatures on blank papers/cheques -- In fact, this is the mode adopted by the commission agents to always keep farmers in their clutches -- Since the complainant has admitted his relationship with the petitioner as commission agent and farmer, the complainant has withheld the best evidence with regard to sale of agricultural produce of the year by the accused – Accused is liable to be acquitted.

(P&H HC) Decided on: 03.03.2015

Cheque bounce case -- Loan business – Criminal liability – Acquittal of accused -- Case set up by the complainant is that he used to advance loan to agriculturalists, who sell or promise to sell their agricultural produce through him and interest was charged as per prevalent rate in the area of Mandi – Held, complainant was dealing in money lending business to the public at large, however, is not having the money lender's licence -- Without having the aforesaid licence, the advancement of loan by the complainant to the petitioner-accused is not only illegal, but at the same time, he can also be prosecuted – It is a legal issue and can be raised any stage – Accused acquitted.

(P&H HC) Decided on: 03.03.2015