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2016 (9) TMI 1460 - HC - Indian LawsMaintainability of Complaint - Dishonor of cheque due to insufficiency of funds - Offences u/s 138(c) of the N.I. Act - main contention of accused is that the complaint filed before expiry of 15 days from the issuance of notice under Section 138(c) of the Act, is not maintainable - Held that:- From the refusal, there cannot be any inference that the accused refused to make the payment. The refusal may be to drag on the proceedings or the refusal may be to gain time to make payment or the refusal may be to tease the complainant. When no inference can be drawn as to the conduct of refusal, the complainant is bound to wait for 15 days. That cannot be the case when there is an outright denial of liability by issuing a reply. Section 138 NI Act gives an opportunity not only to the honest drawer, but also to a dishonest drawer to make amends and to escape from prosecution - in the present case, the alleged dishonest drawer did not want to make payment, but has chosen to say 'No Payment'. Therefore, there is no purpose in waiting for the completion of 15 days. The contention that the complaint is not maintainable has to be rejected - petition dismissed.
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