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2009 (5) TMI 533 - SC - Companies LawWhether return of a cheque by the bank on the ground that it was reported lost by the drawer would attract the penal provisions contained in section 138 of the Negotiable Instruments Act, 1881? Held that:- Appeal allowed. The parameters for invoking the provisions of section 138 of the Act, thus, being limited, we are of the opinion that refusal on the part of the bank to honour the cheque would not bring the matter within the mischief of the provisions of section 138 of the Act.
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