Section 138 of NI Act doesn’t require complainant to prove his financial capacity

Advertisement Ashok Singh Vs State of Uttar Pradesh & Anr. (Supreme Court of India) Supreme Court held that in the case under Section 138 of the Negotiable Instruments Act, 1881 [NI Act], complainant is not required to show evidence that he had the financial capacity. Accordingly, appeal of appellant allowed. Facts- The appellant is the complainant. He alleged that he had advanced a loan of 22,00,000/- to the respondent no.2 on the assurance that the entire amount will be returned. When the appellant demanded return of the money, the accused issued Cheque, however, the same was dishonou...