In Hazi Jahangir Molla Vs. Md. Alim Mallick, the Hon'ble Calcutta High Court decided that Part payment cannot defeat the entire cause of action. Further Even if one person who has no money lending licence cannot be debarred from granting any accommodation loan to his friend or other person on him he has confidence. The opposite party took the accommodation loan and he cannot take the shelter of the money lenders’ act to defraud the person who accommodated him.
Taking into consideration the factual aspects of this case this revisional application is to be decided on the following points.
(1) Whether the demand notice was defective as because a part payment to the tune of Rs. 1,00,000/- was accepted and that is the departure from the cause of action itself?
(2) Whether the complaint is barred by limitation?
(3) Whether the cheque was issued in discharge of existing liability?
(4) Whether the part payment of cheque is enough to defeat the entire cause of action?
(5) Whether the learned Trial Court had authority to impose the fine amount to the tune of Rs.2,85,000/- in view of the bar under Section 29 of the Criminal Procedure Code?
Taking into consideration the factual aspects of this case this revisional application is to be decided on the following points.
(1) Whether the demand notice was defective as because a part payment to the tune of Rs. 1,00,000/- was accepted and that is the departure from the cause of action itself?
(2) Whether the complaint is barred by limitation?
(3) Whether the cheque was issued in discharge of existing liability?
(4) Whether the part payment of cheque is enough to defeat the entire cause of action?
(5) Whether the learned Trial Court had authority to impose the fine amount to the tune of Rs.2,85,000/- in view of the bar under Section 29 of the Criminal Procedure Code?
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