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2021 (11) TMI 455 - HC - Indian LawsDishonor of Cheque - manner in which the loan has been advanced - whether there has been compliance with the loss relating to the Income Tax Act? - HELD THAT:- Learned Appellate Court acted on a letter of the Advocate and interfered with the order of conviction passed by the Learned Trial Court. On the face of it, the Learned Appellate Court unnecessarily gave importance to a G.D. Entry number which was reflected in the notice although the original G.D. Entry was never brought on record. The Appellate Court’s finding on the subject so far as the issue of debt or liability is concerned are not on accepted principles of law so far as the provisions of Negotiable Instruments Act is concerned. The Appellate Court should have been cautious as a belated plea taken by an accused cannot be given undue importance in cases where presumption under Section 118 and 139 of the Negotiable Instruments Act exist. The manner in which the learned Appellate Court set aside the order of the learned Magistrate calls for interference of this court as the same is against the settled principle of law relating to Negotiable Instruments Act and as such the same is liable to be set aside - Application allowed.
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