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2014 (4) TMI 1208 - HC - Indian LawsRecovery of alleged dues - it is alleged that cheques were issued but were not honoured as payment was stopped by the drawers - Held that: - it would not be appropriate, in our view, to entertain the petition under Article 226 of the Constitution and pass an order, that would essentially be a money decree. At the least, the defence would raise issues on which evidence would have to be adduced before a civil court. Quite independently of that, in a matter of this nature, remedies are available either in the form of a suit under Order XXXVII of the Code of Civil Procedure, 1908 or in the form a complaint under Section 138 of the Negotiable Instrument Act, 1888 - we decline to entertain this petition and relegate the petitioner to the remedy available in law - petition dismissed.
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