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Indian Laws - Highlights / Catch Notes

Home Highlights December 2021 Year 2021 This

Dishonor of Cheque - The Explanation to Section 138 of N.I.Act ...

Indian Laws

December 30, 2021

Dishonor of Cheque - The Explanation to Section 138 of N.I.Act clearly states that the dishonoured cheque shall relate to a legally enforceable debt or liability. In the instant case, since the complainant had no valid money lending business, he cannot legally enforce such a debt of liability. Under these circumstances, the Court below rightly concluded that the complainant is not entitled to prosecute the accused for the offence under Section 138 of N.I.Act and therefore, the accused is entitled for acquittal. - HC

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