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2019 (11) TMI 899 - HC - Indian LawsDishonor of Cheque - section 138 of NI Act - Cheque was issued only for guarantee - acquittal of the accused, i.e., respondent - HELD THAT:- It is settled law that the important ingredient for the offence punishable under Section 138 is that cheque must have been issued for the discharge in whole or in part of any debt or other liability. If the cheque is not issued for the discharge of any debt or other liability, Section 138 can not be invoked. The complainant in his cross examination has admitted that the cheque issued was only for guarantee - The important ingredient for the offence punishable under Section 138, therefore, has not been dealt with. On this ground itself the impugned judgment has to be upheld. Further, the fact that the complainant has been giving different dates on which the cheque has been issued also shows that he is economical with truth. It is necessary to note that one who comes to the court, must come with clean hands. More often than not, process of the Court is being abused. Unscrupulous persons from all walks of life find the court-process a convenient lever to retain the illegal-gains indefinitely. Appeal dismissed.
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