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2021 (6) TMI 519 - HC - Indian LawsDishonor of Cheque - Restoration of case - Presumption in favour of holder - Section 139 of NI Act - HELD THAT:- The purpose of introducing Section 138 of the N.I. Act was to bring sanctity in commercial transactions. The negotiable instruments like cheques started losing their creditability in not being honoured on presentment. The legislature found that an action in civil court for collection of the negotiable proceeds like a cheque was defeating the very purpose of recognizing the negotiable instruments as speedy vehicle of commerce - It is now well settled that even if the cheque gets dishonoured with endorsement “Payment stopped by drawer” and there were insufficient funds on the date when the cheque was presented it amounts to an offence under Section 138 of the N.I. Act. When no prejudice has been caused to the petitioners herein by restoring the complaint to its original number it does not lie in the mouth of the petitioners to raise objections/pleadings that there was a delay on behalf of the complainant in filing a petition under Section 397 Cr.P.C for restoration of complaint which has been dismissed on non-appearance of the complainant at a pre-evidence stage. The present petition is completely bereft of bonafides and merits. It is apparent that the petitioners do not want to contest the case on merits - The petitioners herein had yet not been summoned and as held by the Division Bench, no prejudice will be caused to the petitioners herein if the complaint is restored. The complaint is yet to be heard on merits. The petition is dismissed along with the pending application.
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