11. Money-lender advancing smaller amount or securing higher interest than that specified in the accounts, etc., to be punishable.
- [(1) Any money-lender whether, licensed or not,-(a)who actually advances an amount less than the amount shown in his accounts or registers or other documents relating to the loan, or(b)who takes or receives interest or any other charge at a rate higher than the rate shown in the accounts, registers or documents aforesaid or allowed under this Act,shall be punished with imprisonment for a term not exceeding six months, but not less than three months:Provided that the Court may, in addition to such imprisonment, impose fine which may extend to one thousand rupees.(1-A) Notwithstanding anything contained in the Indian Evidence Act, 1872 (Central Act I of 1872), or in any other law for the time being in force, in any suit by or against a money-lender, whether licensed or not, or in any prosecution or other proceeding in a Court, the burden of proving that the money-lender had actually advanced to the debtor the amount specified in -(a)any document relating to the loan; or(b)the accounts or registers of such money-lender, shall be on the moneylender.](2)If a money-lender is convicted of an offence [under section 10-A or under this section] [Substituted for the expression 'under sub-section (1)' by section 7(iii), of the Tamil Nadu Money-Lenders (Amendment) Act, 1979 (Tamil Nadu Act 41 of 1979).], the Court convicting him may cancel his licence as a money-lender.
