There is a matter of 138 NI filed on behalf of bank which has advanced loan to the acused. The civil suit for the recovery of the loan amount was dismissed by the civil court. now, we have filed the appeal against the decision of the learned lower civil court. Now In 138 proceedings, the accused is taking the defence that as the civil suit is dismissed, the loan transaction stands not proved. However I want to say that the remedy under S.138 of NI Act is an independent remedy and the dismisal of the civil suit does not affect the criminal proceedings. and in the notce reply u/S.138, accused has admitted the loan transaction. Please help me by suggesting case laws on the relevant facts.
Thanking you in anticipation
