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2013 (9) TMI 1188 - SC - Indian LawsCheque dishonoured u/s-138 Negotiable Instruments Act, 1881 - Instruction of 'stop payment' by the Managing Director - respondents offered to make cheque payment - Refusal by Appellant to accept the payment - Quashing of complaint by the High Court - failure to appear without sufficient cause on date - Refusal of High Court to recall that order - appeal against rejection of the recall application - HELD THAT:- these appeals are directed against the order of the High Court wherein it refused to recall the order by which the complaint had been quashed. The appellant could not furnish any sufficient cause for their non-appearance on the date of quashing of complaint and by taking a technical view of the matter, these appeals could have been rejected even on the ground of non-sufficiency of material furnished by the appellant in the High Court against refusal to recall the order. But considering the fact that the appellant would be deprived of their due amount of dishonoured cheque, Court considered just and appropriate to direct the respondents to make the payment for the sake of substantial justice to the complainant-appellant as also in view of the analogous appeal whereby the High Court had allowed the petition filed by the respondents herein under Section 482 of the Code of Criminal Procedure, 1973 and was pleased to quash the proceedings against them. Therefore, Court thought it appropriate to direct the respondents to make the payment towards the cheque in which stop payment instructions had been issued. Besides this, the appeal is time barred by 359 days for which also there is no justification. On the one hand, the appellant has sought to impress upon this Court to take a technical view of the matter by urging that the respondents had not made the payment during the 15 days notice period, even though that had been offered at a later stage, but expecting Court to condone the huge delay of 359 days in filing the appeal, which is rejected outright. The decision on this case NK. WAHI VERSUS SHEKHAR SINGH & ORS [2007 (3) TMI 671 - SUPREME COURT] followed. In the result, appeal stands dismissed on merit and another appeal for recall of application is dismissed on the ground of delay as also on merits subject to the direction of payment to the appellant by the respondents.
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