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2020 (3) TMI 984 - HC - Indian LawsDishonor of Cheque - contention that the disputed cheques were not dishonoured for insufficiency of fund rather the payment of above cheques were got stopped as per the instructions of the applicant and in cases of stop payment, the provisions of 138 of the Negotiable Instruments Act do not apply - applicability of section 138 of NI Act - HELD THAT:- The contentions raised by applicant are required to be decided upon evidence to be led by parties before the trial court and at this stage merely for the reason that the applicant got the payment stopped it will not be just and appropriate to discharge the applicant. There is no illegality, irregularity, incorrectness or impropriety in the impugned order or any sufficient ground for quashing it and learned counsel for the applicant has failed to show that there is any abuse of process of court or likelihood of miscarriage of justice for prevention of which the exercise of inherent powers by this Court is required. The application is devoid of merits and is liable to be dismissed. Application dismissed.
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