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2019 (4) TMI 1849 - SC - Indian LawsDishonor of cheque - Trial Court held that the notices were defective on the ground that the notices mentioned loan amount and not the cheque amount - Section 138 of the Negotiable Instruments Act, 1881 - acquittal of accused - HELD THAT:- There is no dispute regarding the proposition that the notice issued under Section 138 of the NI Act has to be only for the cheque amount and not for any other amount more than the cheque amount. On an interpretation of clause(b) of the proviso to Section 138 of the NI Act the High Court held that there was no failure on the part of the respondent/complainant in making a demand for the payment of the amount of the cheque by issuance of a notice. The High Court observed that the words “loan amount” should not have been mentioned in the notice. However, the High Court was convinced that the respondent demanded the payment of ₹ 50,000/- which was the cheque amount. There are no reason to interfere with the judgment of the High Court - appeal dismissed.
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