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2018 (10) TMI 1972 - GUJARAT HIGH COURTDishonor of Cheque - insufficient of funds - Seeking production of additional evidence - typographical error or not - Sections 391 and 482 of the Code of Criminal Procedure, 1973 - HELD THAT:- This Court notices that from the beginning the case of the original complainant in the complaint lodged under Section 138 of the NI Act is of his having lent a sum of Rs.20/- lakh to the applicant-accused. It is also his demand in the demand notice, which is a mandatory requirement prior to filing of the complaint under Section 138 of the NI Act, that the amount of Rs.20/- lakh was lent to the applicant-accused, which has not been returned and when the cheque was given and the same was deposited, it was dishonored for want of sufficient funds. The demand notice was replied by the applicant on 25.04.2014, wherein, he has allegedly stated that the amount lent was Rs.40/- lakh. It is required to make a mention, at this stage, that the complainant-opponent No.1 in his deposition has once again stated that the amount lent was Rs.20/- lakh. It is also necessary to refer to the cross-examination of the complainant, where, he has stated that the amount was lent in the year 2012. It is the categorical case of the applicant-accused that there is categorical return of the amount by him by way of cheque and the said sum of Rs.4.09/- lakh (rounded off) with contemporaneous documents has been held by the trial Court to have been proved - The trial Court simply record the said application and vide Exhibit-43, the closure pursis of the applicant-accused is accepted, stating that he did not want to adduce any further evidence either in writing or orally. This Court notices that the respondent-accused, of course, had an opportunity to get the said documents exhibited - Matter remanded back to the trial Court concerned, which shall complete this process within a period of EIGHT WEEKS from the date of receipt of a copy of this order and once such a procedure is over, it shall send back the entire record to this Court to proceed further with the main appeal - application allowed.
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