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2021 (12) TMI 146 - HC - Indian LawsDishonor of Cheque - discharge of legally enforceable debt or not - rebuttal of presumption or not - section 138 of NI Act - HELD THAT:- The Court, in the present case, is called upon to give verdict upon factual aspects of the matter which are required to be decided in trial Court. The truth can be unfolded after the evidence is lead in the matter. The proceedings cannot be allowed to be truncated and curtain brought down on the same only for the reason that the petitioners may have some defense which requires consideration in the trial. The argument is also raised that the respondent herein has not controverted the stand taken by the petitioners herein qua the application filed for dropping of proceedings before the trial court and therefore, the complaint is without basis - the Court finds no reason either to interfere in the order dated 19.05.2012, passed by the trial court, whereby the application filed for dropping of proceedings & exemption to the applicants therein, was dismissed. Petition dismissed.
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