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2021 (8) TMI 619 - HC - Indian LawsDishonor of Cheque - Validity of Summon Order passed by the Additional Court - grounds necessary for taking cognizable as provided under Section 142 of N.I. Act has not been established by the complainant - it is alleged that the trial court has not considered this fact that post dated cheque has been collected by the Finance Company and the same has become time barred - willingness to compound the case - HELD THAT:- Having regard to the provision of Section 139 and 140 of the N.I. Act the defence that cheque was post dated and was not issued in lieu of legally enforceable debt is not available to the applicant and for the sake of argument, if it is presumed that he is having any such defence the same could only be taken during the course of trial which has not been started yet. Willingness to compound the case - HELD THAT:- It has been specifically provided under Section 147 of the N.I. Act that the offence punishable under this Act (Negotiable Instruments Act 1988) shall be compoundable. Petition disposed off.
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