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2020 (12) TMI 142 - HC - Indian LawsDishonor of cheque - drawer of Cheque - submits that sign on the cheque is of Gudia Shukla and not of the applicant and, therefore, he is not the drawer of the cheque and, therefore, summons could not have been issued to him - application did not appear in the Court inspite of the Summons issued - HELD THAT:- It is not in dispute that applicant is the husband of Gudia Shukla. Specific averment has been made in the complainant that it is the applicant, who handed over the cheque in question to the complainant, which got dishonoured for insufficient funds. The question whether the applicant has put his signature on the cheque or not, is the question of evidence, which can be considered at an appropriate stage by the trial court - When the ingredients of Section 138 Negotiable Instruments Act are clearly established prima facie, this Court should not examine the evidence in detail inasmuch as it is for the trial court to examine the evidence whether the applicant has signed the cheque, which got dishonoured or not. This Court is of the opinion that if the applicant has a remedy under law, then permission from the Court is not necessary. Further, the offence under Section 138 Negotiable Instruments Act is a bailable offence and, the applicant may surrender before the court concerned and furnish bail bonds and thereafter, he may take recourse to the remedy as may be available to him in accordance with law - Application dismissed.
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