Account books/bahi entries are not the instruments of advancement of loan like pronote, bonds, or Bill of exchange etc. which can legally be enforced, as recognised in the N.I. Act -- Entries in account books are only relevant u/s 34 of the Indian Evidence Act, but such statements shall not alone be sufficient evidence to charge any person with liability.

(P&H HC) Decided on: 03.03.2015

Evidential value -- Maintainability of complaint u/s 138 of NI Act -- Bahi entries are not negotiable instruments of advancement of loan, such as, pronote, bonds and Bill of exchange etc., which can legally be enforceable, as contemplated by the NI Act -- Entry in the Bahi Khata merely is an admission by its maker in his own favour and it is only admissible in evidence if it is accepted by the opposite side (loanee) and not otherwise -- Such entries shall alone be not sufficient to charge any person with liability -- Commission agents used to obtain such blank/undated cheques from the Farmers as a security in good faith, not in lieu of any legal liability, to which, the court can take judicial notice of it -- Complainant cannot adhere to initiate the criminal prosecution against the respondent u/s 138 of the NI Act.

(P&H HC) Decided on: 13.11.2014