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2018 (6) TMI 1371 - HC - Indian LawsDishonor of cheque - insufficiency of funds - offence punishable u/s 138 of Negotiable Instruments Act - Whether the learned Metropolitan Magistrate was right in acquitting the accused? - Whether this appeal has to be allowed? - Held that:- From the very beginning, the accused has taken a consistent stand. On the contrary, the complainant has willfully suppressed the material fact. He suppressed the fact that he has received the letter from the accused even before presenting the Ex.P1 and Ex.P2 cheques. A person who is coming to the court for seeking certain relief should come with clean hands. This court is of the view that the complainant has not come with clean hands. The trial court has rightly acquitted the accused - It cannot be said that the findings of the trial court are perverse. Appeal dismissed - decided against appellant.
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