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2018 (9) TMI 991 - HC - Indian LawsDishonor of Cheque due to insufficiency of funds - case of the appellant is that the appellant has proved the case that the respondent borrowed a sum of ₹ 75,000/- from the appellant and issued the cheque and on presentation, the subject cheque was returned - Held that:- The appellant had no money to pay ₹ 75,000/- to the respondent. The appellant has suppressed these transactions and stated that the respondent received a sum of ₹ 75,000/- from the appellant and issued the cheque and the respondent approached him personally and requested to present the cheque once again therefore the second time, presented the cheque dated 16.01 2008. Even that fact has not been proved by the appellant and simplified in order to make the cause of action and also the limitation and he has stated that when the first time returned, since the respondent requested the appellant to present the cheque once again hence he has not sent the notice and once again, he represented the cheque. Appeal dismissed.
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