Supreme Court of India
Rajaram S/o Sriramulu Naidu (since Deceased) through L.rs. v. Maruthachalam (since Deceased) through L.rs
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the considered opinion that the defence raised by the appellant satisfies the standard of “preponderance of probability”. 821.
Judgment, page 12
From the headnote
Money Lending – The appellant’s wife subscribed to chit fund s (1992 and 1995) with the respondent for which two sig ned blank cheques were submitted as security – After maturity of th e chit funds, appellant and his wife sought release of the subscrip tion amount – However, respondent presented those cheques for enc ashment without any intimation to appellant – Said cheques were dishonoured as the appellant had closed the account – Respondent filed two complaint cases u/s 138 of NI Act – Both cases were dismissed by the trial Court – Thereafter, respondent fil ed suits for recovery of money
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