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2020 (10) TMI 112 - HC - Indian LawsDishonor of Cheque - Section 138 of Negotiable Instruments Act, 1881 - the respondent/complainant issued statutory notice to the petitioner and since he has not paid the amount within the stipulated time, he filed the complaint - HELD THAT:- It is no doubt that the subject cheque was issued by the petitioner himself as an authorized signatory of M/s.Sri Constructions in favour of the petitioner himself, of course to his S.B. Account No.40280101000996 and the cheque was not directly issued in favour of the respondent/bank. However, the claim of the respondent/bank is that the subject cheque was tendered by the petitioner along with a covering letter requesting the bank to credit the cheque amount in his S.B. Account No.40280101000996 and appropriate the said amount towards part payment of loan amount. Neither party produced the said covering letter before this Court. Therefore, whether the petitioner tendered the subject cheque dated 11.04.2012 for ₹ 5000/- along with a covering letter to the respondent/bank with a request as stated supra or not and if so whether by virtue of the said letter the respondent/bank can treat itself as holder in due course of the said cheque and file criminal complaint against the petitioner for dishonour of the cheque are the crucial issues which can be resolved only after a full fledged trial, not at this stage. This Criminal Petition is disposed of directing the learned Judicial First Class Magistrate, Guntakal to proceed with the trial by giving liberty to both parties to adduce evidence to project their respective versions and after hearing arguments of both parties pronounce the judgment expeditiously but not later than four (4) months from the date of receipt of a copy of this order.
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