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2018 (9) TMI 999 - HC - Indian LawsDishonor of cheque due to insufficiency of funds - repayment of loan - Section 138 of Negotiable Instruments Act - Held that:- Admittedly, the petitioner and her son issued notice on 22.11.2005 as stated above and after receipt of the same, the respondent and her husband also replied through reply notice dated 02.12.2005. Therefore, it can be construed that the alleged cheque was already obtained for the purpose of security, while borrowing the loan in the year 2003 and 2004. That apart in the said notice dated 22.11.2005, the petitioner and her son specifically averred the cheque particulars and pronotes obtained by the respondent herein. Therefore, the present complaint is nothing but abuse of process of law. The complaint cannot be sustained and it is liable to be quashed - Petition allowed.
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