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2014 (2) TMI 1380 - HC - Indian LawsDishonor of Cheque - time limitation - section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- In the case on hand, even if the averments of complaint and evidence of complainant are accepted at their face value, dishonoured cheque was issued on 30.10.2001 to discharge the debt, which had become due on 20.05.1997. Therefore, I hold dishonoured cheque was issued to discharge time barred debt - The learned trial Judge taking into consideration material discrepancies in the evidence adduced by complainant and also having regard to question of limitation has held that complainant has failed to prove the case beyond reasonable doubt and acquitted accused. Therefore, the impugned judgment can be sustained dehors affidavit evidence of accused. In the circumstances, there is no need to remand the matter to trial court. There are no reasons to interference with impugned judgment - Appeal dismissed.
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