Section 138 of NI Act- Accused May Examine Complainant as A Witness to Disprove His Case

S.M.D.Mohamed Abdul Khader Vs Muniswari (Madras High Court) The Honourable Supreme Court of India held that when the accused had taken specific stand that the complainant had no source of income to lend such a huge sum, the accused can very well prove the same by cross-examination, witnesses and materials. In this regard, the Honourable Supreme Court of India recently in Crl.A.No.362 of 2022, dated 07.03.2022 (Tedhi Singh Vs. Narayan Dass Mahant) held that in the case under Section 138 of the Negotiable Instruments Act, the complainant need not show the first instance that he had capacity to l...