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

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 dishonoured with the endo...