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2018 (9) TMI 505 - HC - Indian LawsDishonor of Cheque due to insufficiency of funds - Section 138 of Negotiable Instruments Act - legally enforceable debt or not - whether the Courts below have failed in appreciation of the evidence and whether there is any illegality or impropriety in the judgement of the Courts below? Held that:- When opportunity was given to the revision petitioner to reply he did not avail that opportunity, but kept quiet till the complainant lodged the complaint before the Magistrate - Thereafter, as a defence he has pleaded that the cheques were stolen and he gave a complaint to the police. In support of that, he has also examined D.W.1, one Mr.Ravikumar, Sub-Inspector of Police and marked his compliant to the Sub-Inspector of Police, as Ex.D.1. From the evidence of D.W.1, this Court finds that on receipt of the complaint, Ex.D.1, summon was issued to the revision petitioner which was marked as Ex.D.4. Since he did not appear for enquiry, the complaint was closed and the same has been informed to him - the defence theory of lost cheque, has no legs to stand. Revision petition dismissed.
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