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2022 (5) TMI 196 - HC - Indian LawsDishonor of Cheque - tampered cheque - date overwritten in the cheque - existence of legally enforceable liability or not - Section 138 N.I. Act - HELD THAT:- From the perusal of the order sheet it appears that after hearing the parties arguments at some length, this court on 20.2.2019 has held that all the ingredients of Section 138 N.I. Act as considered by he Apex Court in the case of JUGESH SEHGAL VERSUS SHAMSHER SINGH GOGI [2009 (7) TMI 1143 - SUPREME COURT] has been made out in cumulative. The conclusion of the learned counsel for the applicant that since it was a post dated cheque the liability was a future liability and it had not accrued on the date of presentation of the cheque is misconceived. It is also mentioned in the aforesaid order that at this stage learned counsel for the applicant submitted that an opportunity be provided to the applicant to repay the money to discharge his liability. So this defence has already been considered and rejected by this court. From the material on record, it is clear that this case does not come under any of the categories as mentioned by the Hon’ble Apex Court in the aforesaid case. There is nothing on record to show that the continuation of the proceedings is an abuse of the process of the court. There is no illegality in the impugned summoning order. Application dismissed.
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