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2001 (1) TMI 896 - SUPREME COURTComplaint filed under section 138 of the Negotiable Instruments Act, 1881 quashed by the High Court holding that the same was barred by time Held that:- Appeal allowed. The High Court fell in error by not referring to the letter of the respondents dated 20-6-1998 and quashing the proceedings merely by reading a line from para 6 of the complaint. The appellant in para 7 of their complaint had specifically stated that ‘Even though the complainant is not admitting the said allegation, on abundant caution the complainant presented the cheque again on 1-7-1998 to the drawee bank through the complainant’s bankers, Punjab National Bank. The cheque was again dishonoured by the drawee bank on 2-7-1993 a registered lawyer notice was issued to the 1st accused firm as well as to the 2nd accused intimating the dishonour of the cheque and demanding payment. The accused have received the notice on 27-7-1998. The accused did not make any payment so far’. The receipt of the second notice has concededly not been denied by the respondents.
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