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1 - 10 of 18 (0.24 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
Dashrathbhai Trikambhai Patel vs Hitesh Mahendrabhai Patel on 11 October, 2022
37. Therefore, as per report of the dispatcher , it was served upon New
Delhi GPO. Another contention raised by the complainant that the
amount of loan was disbursed in the account of PK Pardeep and the
cheque amount was disbursed in his account. Apart from this,
installments were also paid by P.K. Pradeep, principle borrower who
had also issued several cheques in favour of the complainant as
security cheque. As per averment made in the preceeding para , it
revealed that out of Rs.5 lac, Rs. 4,26,275/- was credited in the
account of Mr. P.K Pardeep and same had to be payable in 24
months. Part payment has been paid as EMIs of Rs. 29,125/- each
therefore outstanding amount of Rs.5,55,655/-. Four EMI also paid
I.e total Rs. 1,45,500/- and balance is Rs.4,05155/-. The cheque
amount is of Rs. 4,92,000/- which is much higher from the actual
outstanding amount. To this effect, the accused has relied on
judgment M/S Alliance Infrastructure project Pvt. Ltd. & Anr
Vs. Vinay Mittal 2010 (1) JCC (NI) 98 and judgment of
CC NO. 25387/2018 M/S Vintage Credit &Leasing Pvt. Ltd. Vs. Jaya Pardeep 26/30
27
Dashrathbai Trikambhai Patel Vs. Hitesh Mahendrabhai Patel
& Anr. in Crl. Appeal 1497 ( 2022) Live Law ( SC) 830 wherein
it was held that :
M/S Alliance Infrastructure Project ... vs Vinay Mittal on 18 January, 2010
37. Therefore, as per report of the dispatcher , it was served upon New
Delhi GPO. Another contention raised by the complainant that the
amount of loan was disbursed in the account of PK Pardeep and the
cheque amount was disbursed in his account. Apart from this,
installments were also paid by P.K. Pradeep, principle borrower who
had also issued several cheques in favour of the complainant as
security cheque. As per averment made in the preceeding para , it
revealed that out of Rs.5 lac, Rs. 4,26,275/- was credited in the
account of Mr. P.K Pardeep and same had to be payable in 24
months. Part payment has been paid as EMIs of Rs. 29,125/- each
therefore outstanding amount of Rs.5,55,655/-. Four EMI also paid
I.e total Rs. 1,45,500/- and balance is Rs.4,05155/-. The cheque
amount is of Rs. 4,92,000/- which is much higher from the actual
outstanding amount. To this effect, the accused has relied on
judgment M/S Alliance Infrastructure project Pvt. Ltd. & Anr
Vs. Vinay Mittal 2010 (1) JCC (NI) 98 and judgment of
CC NO. 25387/2018 M/S Vintage Credit &Leasing Pvt. Ltd. Vs. Jaya Pardeep 26/30
27
Dashrathbai Trikambhai Patel Vs. Hitesh Mahendrabhai Patel
& Anr. in Crl. Appeal 1497 ( 2022) Live Law ( SC) 830 wherein
it was held that :