Case Law Details
Anss Rajashekar Vs Augustus Jeba Ananth (Supreme Court)
FACTS –
Appellant issued cheque of INR 5 Lakhs, towards discharge of liability of INR 15 Lakhs, however, when complainant presented the cheque the same was returned by bank for insufficiency of funds. A notice of demand was issued by the complainant and to that the appellant denied that there was a legally enforceable debt.
Appellant submitted that he and his wife and complainant and his wife had purchased adjacent house site. Complainant was alleged to have persuaded the appellant to execute a power of attorney in his favour for the purpose of obtaining a housing loan from the financial institution. Four blank cheques of UTI and Vysya Bank cheque book containing ten leaves were obtained by the complainant from the appellant. One of the cheque which were handed over by the appellant to the complainant was alleged to have been misused.
Complainant lodged a complaint u/s 138 of the Act.
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