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2022 (8) TMI 1429 - HC - Indian LawsMaintainability of the revision - dishonour of cheque - legally enforceable cheque or not - tripartite agreement executed towards settlement of all dues during pendency of the complaint case under Section 138 of the Negotiable Instruments Act - HELD THAT:- It is apposite to refer to the decision in the case of Bapuji Murugesan v. Mythili Rajagopalan, [2022 (7) TMI 2 - MADRAS HIGH COURT] wherein it has been held Applying the test as to whether non-passing of such order or accepting of any plea by the accused or the complainant, whether it would result in culmination of proceedings, the answer is again in the negative - thus, the revision against the interlocutory order is not maintainable. Thus, in the case of Surinder Singh Deshwal [2019 (5) TMI 1626 - SUPREME COURT] Hon’ble the Apex Court has held that use of word “may” in Section 148 of the NI Act has to be read as “shall” and appellate Court must orinarily order depositing of minimum 20% of compensation or fine amount imposed by the trial Court. The impugned order passed by the lower appellate Court does not suffer from any illegality, irregularity or perversity warranting interference by this Court in exercise of its revisional jurisdiction. Hence, the revision being devoid of merit, stands dismissed.
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