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2019 (9) TMI 827 - DELHI HIGH COURTDishonor of Cheque - instruction issued for Stop Payment - insufficiency of funds - the petitioner has admitted the business transaction with the respondent No. 2 but he also alleged that he had not issued the cheques in question in favour of the respondent No. 2/ complainant - section 138 of NI Act - HELD THAT:- No cogent evidence has been led by the petitioner in support of the said claim. The reason for dishonour of cheque is insufficiency of funds. No explanation was given by the petitioner as to why he did give ‘stop payment instructions’ regarding the cheques in question, if, cheques were misplaced. Further, the petitioner did not step into the witness box to stand by his defence. The defence taken by the petitioner at the time of framing of notice and while recording the statement of petitioner under Section 281 Cr.P.C. read with Section 313 Cr.P.C. cannot be considered as evidence. There are no merit in the petition - petition dismissed.
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