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2020 (3) TMI 2 - HC - Indian LawsDishonor of Cheque - section 138 of NI Act - petitioners were declared as proclaimed persons - Counsel for the petitioners has argued that after the complaint was filed, the petitioners were never served with the summons as is clear from the report of the Process Server - HELD THAT:- Considering the fact that the complaint filed under Section 138 of the N.I. Act was compromised and later on the same was withdrawn on 18.03.2019, there are merit in present petition as the petitioners have also shown a bona fide cause for non-appearance before the trial Court. The service was not effected at the ordinary place of residence of the petitioners and they were not aware of the said fact and immediately, on coming to know about the said order, they compromised the case with the complainant and the complaint under Section 138 of the Act was withdrawn later on. The present petition is allowed.
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