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2021 (1) TMI 16 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - demand arising out of statutory notice, not paid - Acquittal of the accused - Section 138 of the Negotiable Instruments Act - HELD THAT:- The trial court acquitted the accused in all the five cases. According to the trial court since one of the clause in the agreement says the consequence of the dishonour of the cheque, the offence under Section 138 of the Negotiable Instruments Act is not attracted. I cannot agree with the same - There cannot be an agreement against the statutory provision or an offence which is made out if the formalities in the Negotiable Instruments Act are complied. Therefore, according to me, the impugned judgments in these appeals are unsustainable. I do not want to make any further opinion in this case because I am remanding these five appeals to the lower court for fresh consideration in accordance to law. There is no representation for the accused in these cases. The matter remanded to the lower court to settle the matter or to defend the cases on any other point, if it is available - appeal allowed by way of remand.
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