Initiation of prosecution under Section 138 - Money Suit for recovery of money also filed - is maintenable - borrower not entitled to enquire final capacity of lender - Complaint Maintainable even time barred debt.

Citation

2019 (4) CTC 871 (Mad)

IN THE HIGH COURT OF MADRAS

P.N. Prakash, J.

Crt.R.C. Nos.870 to 872 of 2017 & Cri.M.P. Nos.6524, 6525, 6527, 6529, 6530 & 6531 of 2019.

July 24, 2019

Anbarasu.   ...Petitioner.

..Vs .

Mukanchand Bothra (Deceased); M. Gagan Bothra [r2/legal Heir Impleaded as Per Orders, Dated 17.6.2019 Passed by This Court in Cr.M.P. No.7510 of 2019 in Crl.R.C. No.870 of 2017, Cri.M.P. No.7513 of 2019 in Crl.R.C. No.872 of 2017 and Crl.M.P. No.7507 of 2019 in Crl.R.C. No.871 of 2017]

....Respondent

Negotiable Instruments Act, 1881 (26 of 1881), Section 139 - Cheque bounce case - Necessity for Complainant to prove source of income arises only if accused, by preponderance of probability, discharged burden under Section 139.

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 Initiation of prosecution under Section 138 Money Suit for recovery of money also filed Whether amounts to double payment Held, does not amount to double payment - Ambit and scope of Civil Suit and prosecution under NI Act are different Prosecution under NI Act not intended for Money recovery, but to deter indiscriminate issuance of Cheques - Court can merely sentence Accused to imprisonment without ordering Compensation Any amount paid by