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...someone who had come alongwith accused. However, his name has not been disclosed. (ii) Details and manner in which Rs.95,000/- was given as CRM-A-728-MA-2018 (O&M) -2- friendly loan has...not been provided, although, the complainant has admitted that different amounts were extended as a friendly loan on different dates and time. (iii) The complainant-applicant is...
...:- i) There is no document of friendly loan. ii) The financial capacity of the complainant is doubtful to extend a friendly loan of Rs.1,50,000/-. iii) Bank account No.242901100137 is not maintained by the accused and therefore, offence under Section ...
...amount of Rs.5,50,000/- was given as a friendly loan; (3) There is no document in writing to prove the alleged friendly loan except the cheque in question; CRM-A-58-MA-2017(O&M) -2- (4) Complainant has...
...therefore she approached Appellant and requested for grant of friendly loan of Rs.5,00,000/- (Rupees Five Lakh Only). Accordingly, Appellant advanced friendly loan of Rs.5,00,000/- to Respondent No.1. That...of a debt. He submitted that, in the present case, the cheque was issued towards repayment of friendly loan and therefore there is presumption in favour of Appellant who was holder of the said...that, Appellant has failed to prove that, he ever advanced any friendly loan to Respondent No.1 and towards the repayment of legally enforciable debt or liability the Respondent No.1 had issued the...
....8. It has been alleged in the complaint petition that the petitioner no. 1 had taken a friendly loan from Opposite Party No. 2, which was paid through cheques dated 04.07.2005 and 31.08.2005 The...total amount of friendly loan was Rs. 85,000/-. The facts of the former case and this case are interlinked inasmuch as the parties are common and the fact that there is a money transaction between the..., alleging that the petitioner no. 1 has taken a friendly loan which was not repaid to him and, therefore, he has committed offence under Sections 406 and 420 of the Indian Penal...
...Opposite Party No. 2, on being presented before the Bank of India, Sakchi Branch, on account of "Insufficient Fund" Complainant alleged that the cheque was issued in lieu of friendly loan paid to the...of the drawer of the cheque varies. Accused had denied taking any friendly loan. The complainant, on his part during his examination and cross-examination, could not say the date and time of giving...of the friendly loan nor produced any document of giving such friendly loan. As per the learned appellate court, cheque should have been issued validly against any legally enforceable debt or liability...
...allegations of
taking friendly loan and not returning the same and for that the case has been
lodged. He further submits that the case is made which is civil in nature and
criminal...the
friendly loan and not returning the same and in view of that the prayer for
anticipatory bail may kindly be rejected.
5. Looking into contents of FIR which has...subsequently converted into FIR,
it transpires that friendly loan was provided to the petitioners @ 5% interest and
further an agreement has been entered into, and in the facts and...
...alia, on the ground that the complainant was having family relation with the accused and in the year 2013, the accused approached the complainant seeking a friendly loan of Rs.3,83,000/-, as the accused...was in dire need of money. The amount was given by the complainant to the accused. Thereafter, in the months of December/January, 2014, the accused again took a friendly loan of Rs.3,17,000/- with the...assurance that the same would be repaid. However, out of total amount of Rs.7,00,000/- which was taken by the accused from the complainant as friendly loan, though he returned an amount of Rs...
...any transactions with the accused; (2) Date of demand of friendly loan and its advancement has not been disclosed either in the complaint or in the evidence; (3) The appellant has failed to prima-facie...-1242-MA-2018(O&M) -2- Be that as it may, an amount of Rs.12,00,000/- which has been claimed to have been given as a friendly loan, is without a written contract. The source of Rs.12,00,000/- is also...
...has found that the complainant has failed to prove that she has financial capacity to advance a friendly loan of Rs.16 lacs and that also without a document in writing. The court on examination of...petitioner-complainant is Rs.2,35,520/-. The court has held that it is not expected that the petitioner would advance a friendly loan of Rs.16 lacs without any written contract. The view taken by CRM-A-2487-MA...
...sum of Rs. 5,29,00,000/- with 18% interest p.a on the principal amount of Rs. 4 crores from the date of payment till realisation. The plaintiff in paragraph 2A stated that they advanced friendly loan of...advanced sum of Rs. 4 Crores by way of friendly loan to the defendant, actually, the said amount was paid by the plaintiff as per terms and conditions of the M.O.U dated 8.6.2012 He submits that...a friendly loan. Hence, as per section 8 of the said act, matter be referred to the Arbitral Tribunal. Hence, Notice of Motion to be made absolute.7. On the other hand, the learned...
...Negotiable Instruments Act. It is stated that accused had taken friendly loan from complainants and in order to discharge that legal liability, accused issued three cheques total amounting to Rs....The complaint was filed in personal capacity by Kuldip Singh Deol and Kewal Kaur and as per complainants, they gave friendly loan to the accused, whereas the cheques were issued in favour of the...firm of the complainants as per the complaint. Therefore, there is also contradiction whether the friendly loan was given in personal capacity of the complainants or by the complainants' firm. Even...
...petitioner had conspired to cheat respondent-complainant, as from the evidence on record it is amply clear that petitioner had taken a friendly loan for a short term and had given the cheque in question with...the dishonour of cheque in question by itself is not sufficient to cast any grave doubt on the version of respondent-complainant regarding issuance of cheque in question towards a friendly loan for a...
...the case is that complainant Dinesh Agarwal @ Dinesh Kumar Agarwal and accused Ravi Kant Prasad were having cordial relationship when accused asked for Rs.1,20,000/- as friendly loan from the...corroborated the fact of advancement of friendly loan which, as per his admission, was borrowed from his mother and wife but both were not examined as witnesses in this case. Therefore, the trial court has...was not specified. The court also held that mother and wife were not brought before the court as witnesses to prove this version. The court also indicated that the mobilization of friendly loan advanced...
...petition filed in the Court below, the accused Sk. Hasmat took a friendly loan of Rs. 6,25,000/- from the complainant on different dates between January 1996 to May 1996 with a promise to pay back the...petition, the complainant had given a friendly loan of Rs. 6,25,000/- to the accused. In the complaint petition, there is nothing to show that there was any business transaction between the parties, in...he had given friendly loan to the accused Sk. Hasmat. However, the cheques which have been brought on record and proved as Exhibits- 1 and 1/1, clearly show that they were not issued in the name of...
...friendly loan of Rs. 5,00,000/- from him in installment and in order to repay the same had issued the cheque in question, which came to be dishonoured when it was presented by the complainant. The...
...friendly loan to defendant No. 1 on 5/7/1989 to be repaid allegedly on demand with interest at the rate of 10% per annum.4. This amount was paid to defendant No. 1 through plaintiff No. 2...determined on the issue of law of limitation and we need not go into other aspect. It must be noted that even though the plaintiff has averred in his plaint that the amount was advanced as a friendly loan on...amount was to be repaid on demand in any manner whatsoever. If this is so, then the transaction between the parties is nothing less or more than a friendly loan advanced on 5/7/1989 between the...
...friendly loan of Rs. 75,000/- from the applicant on 20.05.2012 with a promise to repay the same within a period of two months and to discharge his liability, he issued cheque bearing No. 472139 dated...appreciating the said facts.3. Heard.4. The applicant had alleged that the respondent took Rs. 75,000/- as friendly loan and he failed to repay the same. The applicant while...same. Once the applicant himself admits that he had no business dealing with the respondent in the year 2012, then it is highly improbable that he advanced a friendly loan to the respondent in the year...
...friendly loan ofRs.l5 lac was given to Pradeep Khanduri for a period of one month on account of urgent need. In para 3of the complaint, it was specifically mentioned in the complaint that Rajat Chamoli...and Vinod Singh Rawat stood guarantors of the short term friendly loan. It is not mentioned in the complaint that there was any written agreement ordocuments in this regard. Learned counsel for...12 of the complairn which read as under:
rMm nn?/ accepting, the short term friendly loan of
assured the complamant that he will remrn...
...under Section 138 of the Negotiable Instruments Act, 1981 on the ground that a friendly loan of 4 lakhs was advanced...specifically. As it was a friendly loan, according to the complainant, however, in his cross- examination, he was unable to give the particulars of the accused, shop of the accused. He was unable to even...give the description of his (accused) family or his father's name. The trial Court rightly observed that it was not a case of friendly loan. The source of advancement of loan was found to be without any...