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2017 (8) TMI 453 - HC - Indian LawsDishonoring of cheque - offence under Section 138 of the Negotiable Instruments Act - whether the cheque was issued for towards discharge of debt or other liability as envisaged under Section 138 of the Act? - Held that:- There was no dispute with regard to the compromise Ex.CW2/X or the issuance of the post dated cheques in favour of the respondent. These facts not only proved by the respondent and his witnesses but even admitted by the witnesses examined by the petitioner. It is further proved on record that petitioner did not have sufficient funds in his account as it stands duly proved that petitioner had only ₹ 1309/- in his account. Petitioner had though tried to prove that he himself ordered “stop payment” because the land was already in the name of the Parkash Chand but the record clearly belies the version put-forth as it is a case where the cheque has not been dishonoured on account of ‘stop payment’ but on account of ‘insufficient funds’. Further story put up by the petitioner through DW3 Anil Gupta that respondent was not in a position to execute the sale deed and therefore he got the payment stopped is also not borne out or rather is contrary to the record and again deserves to be rejected for the aforesaid reasons. The findings record by the learned Courts below appears to have been based upon the correct appreciation of the pleadings and evidence and otherwise are in tune with law and therefore, warrants no interference. No merit in this revision petition
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