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2019 (7) TMI 1836 - HC - Indian LawsDishonor of Cheque - cheque was returned - case of petitioner is that the cheque has been returned by the bank by requesting the respondent to contact the Drawer - Drawee Bank and present it again - HELD THAT:- In the facts of the present case, the concerned bank has not returned the cheque on the ground of defect. It has been returned by directing the respondent to contact a concerned bank and present it again. In short, this endorsement cannot be held to be dishonour of cheque. In the considered view of this Court, the respondent without complying with the requirements of the bank, ought not to have proceeded to file a complaint under Section 138 of the Negotiable Instruments Act. The Court below went wrong in taking cognizance of the complaint. Petition allowed - decided in favor of petitioner.
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