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2023 (8) TMI 528 - CALCUTTA HIGH COURTDishonour of Cheque - discharge of legally enforceable debt - status of “Sunny Traders” (to whom cheque was issued) - sole proprietor concern or otherwise - HELD THAT:- There is no denial of issuing the cheque by the accused in discharge of his debt and liability and also it being dishonoured, and so also the valid notice. The only contention of the petitioner is regarding the status of “Sunny Traders” which is not clear. The transaction between the parties is on the basis of a verbal agreement - The business transaction between the parties is also admitted - It is on record by way of evidence before the trial Court that the complainant Avijit Sarkar carries on his business in the name of “Sunny Traders” - petitioner/accused has not adduced any evidence to prove that the complainant is not the sole proprietor of his business. The complainant has clearly proved that he is the sole proprietor of his business “Sunny Traders”. Thus, the findings of the Appellate Court in the proceeding under Section 138 of the Negotiable Instrument Act, 1981 being in accordance with law, requires no interference by this court and is affirmed - revision application dismissed.
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