LAWS(DLH)-2013-4-74

VIRENDER SINGH Vs. DEEPAK BHATIA

Decided On April 08, 2013
VIRENDER SINGH Appellant
V/S
Deepak Bhatia Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The Leave Petitions be registered as Criminal Appeals No.________________________________________________________ ___________________________________________________________ ___________________________________________________________ __________________________________________________________.

(3.) These Appeals arise out of 23 separate judgments of even date whereby 23 complaint cases under Section 138 of the Negotiable Instruments Act, 1881(the Act) were dismissed by the learned Metropolitan Magistrate(MM) primarily on the ground that the Petitioner was in the business of advancing loan; he did not possess any money lending licence and thus the complaint was barred under Section 3 of the Punjab Registration of Money-lender's Act, 1938 (the Act of 1938). The learned MM opined that although the cheques were issued in discharge of liability or debt, yet in view of the provisions of the Act of 1938, the debts were legally not recoverable. Thus, the learned M.M. dismissed the complaints and acquitted the Respondent.