NO YOU CAN'T !!!!!
READ PAGE 5-9 OF THE ATTACHED FILE...

YES You CAN

Follow link and read whole judgement https://www.lawweb.in/2013/10/dishonour-of-cheque-amount-not.html

The Basic reason is that its is matter of income tax to penalise you for un accounted money

Advocate Vikas Hedau is right, though there are judgments both ways. You would have given the money in cash. How will you produce evidence? Though burden of proof is transferred to the accused under Section:139, still you will be asked to produce evidence.

thank you experts

 

It will depend on expertise of defense advocate , if he fails you can win.There is basic presumption and due to  LOUSY advice by non legal persons the accused gives admission in the begining which is fatal.

SC in Indian bank association case has confirmed the Delhi HC  agrawal case procedure for defense.which if complainant insists on to be followed he can avoid giving chance to defense.

THERE IS  A POPULAR SAYING

YOU  GO TO THE DOCTOR YOU LOOSE 25 % OF YOUR WEALTH, YOU GO THE POLICE YOU LOOSE ANOTHER 25%

AND YOU GO TO A LAWYER AND RETURN EMPTY HANDED.....

TRY AND SETTLE OUT OF COURT IN CASE OF UNACCOUNTED MONEY.

LAWYERS OR ANY OTHER PROFESSIONAL OR ANY PERSON IN THIS WORLD IS NOT HERE TO DO CHARITY THEY WOULD WANT BUSINESS....

Lousy advice can be given by legal persons also. At least in one case I got a case against an accused dismissed due to lousy advice by the lawyer of the Complainant.

Prema sharma you are making very irresponsible statements. The advocate has given HC judgement as below=

 

N THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL APPEAL NO.6 OF 2012
Mr. Krishna P. Morajkar V/s Mr. Joe Ferrao,

CORAM : R.C. CHAVAN, J.

Pronounced Date : 19th JULY, 2013
Citation;2013 CR l J(NOC)572 Bombay

So your wisodom is even against HIGH COURT JUDGMENT, WONDERFUL.

DEAR SIR I AM JUST TELLING THE TRUTH....

 PEOPLE HAVE GIVEN TENS OF MILLIONS OF RUPEES IN CASH SINCE A FEW YEARS AGAINST CHEQUE AS SECURITY WILL YOU BE ABLE TO REALISE THAT ...AS THE BORROWER IS NOT RETUNING THAT NOW..SIR THE ABOVE  WAS A SMALL CASE FOR FEW LACS PEOPLE GIVE MILLIONS LIKE THIS AND MANY END UP NOT REALISING THEIR DUES AS THE LENDER IS FEARED OF HOW HE WILL PROVE THE SOURCE OF FUNDS AND ARE SCRED OF FURTHER ENQUIRY FROM THE INCOME TAX DEPT!!!!

Let us not speak about the wisdom of High Court judges vs. wisdom of the members here. Judges of the High Courts or the Supreme Court are also only mortals like any of us, but elevated from the legal fraternity. They also have their own prejudices and strange ideas. To say that a loan from stashed cash cannot be legally recovered is very immature, silly and juvenile. It is like saying that stealing stolen goods from another thief is not a crime. It is like promoting the old concept of outlawing persons which was there in England. Income tax law says that an amount of more than Rs.20000/- cannot be advanced in cash. It does not mean that if such an amount was advanced as loan, the lender has no right to recover. The penalty for advancing an amount of more than 20000/- in cash is an amount equal to the amount so advanced. So if a lender who had advanced a loan of more than Rs.20000/- is a complainant in a section 138 case he has the right to recover the amount from the accused. The accused  must be punished if found guilty. The court can also order prosecution of the complainant for his offence under the Income Tax Act.

THE POINT I AM STATING IS THAT PEOPLE WHO HAVE ADVANCED MILLIONS OF RUPEES AS CASH LOAN ON INTEREST ARE SCARED TO GO TO THE COURT FOR RECOVERY AS THEY MAY GET THE ACCUSED PUNISHED BUT THE PROBLEM IS THAT THEY  MIGHT END UP BEING  STUCK IN THE WEB OF INCOME TAX DEPARTMENT AS NO MIDDLE CLASS PERSON CAN ADVANCE MILLIONS IN CASH LOANS AND A PERSON WHO CAN GIVE SO  MUCH MONEY IN CASH WOULD BE HAVING OTHER UNDECLARED SOURCES OF INCOME AND ASSTES ALSO AND HE  WILL BE SCARED OF THE INCOME TAX DEPARTMENT AS WE KNOW HOW STRICT THEY ARE!!!!
AUR JAB IT DEPT KISI KI BAND BAJANE  PE AATA HAI TO KYA HOTA HAI !!!!!

You cannot recover unaccounted money as per cstina of Apex court orders which in binding the orders clearly states that no court in territory of India aid recovery of illegal or unaccounted money the complainant has to produce books of account so as to provide evidence of source of funds and this should be legal source and not hawala money or gambling money or any money earned by illegal means

Need junior advocates at DELHI  and NOIDA  for follow up actions for cheque cases.

 

IMMEDIATELY A NBW PENDING TO BE SERVED AT NOIDA.