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2021 (2) TMI 492 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - as mandated under the provisions legal notice is also given to the applicant to which he did not respond and nor any payment has been made - section 138 of Negotiable Instruments Act - order assailed inter alia on the grounds that the trial Court has rejected the discharge application without considering the facts and circumstances of the case, and also without applying judicial mind as mandated under Section 204 (2) Cr.P.C. - HELD THAT:- In the present case specific and serious allegations have been levelled by the complainant by unequivocally stating that he had been given a cheque by the applicant which was dishonored due to insufficient funds. Learned counsel appearing for opposite party no. 2 has also disclosed the fact that amount in question was payable to him by the applicant. He has also stated that opposite party no. 2 had duly informed the applicant about the dishonour of the cheque and the applicant had not made by response to the said notice, pursuant to which complaint was filed and summons were issued to the applicant. It is clear that prima-facie case under Section 138 of Negotiable Instruments Act is made out against the applicant and during trial the applicant shall have full opportunity to lead evidence in his defense, but on the application for discharge mini trial cannot be conducted and unless it is proved in evidence during trial, benefit of the facts as narrated by the applicant cannot be given to him - The facts as stated by the applicant will have to be duly proved during trial and bald assertions cannot be accepted at the stage of discharge. No explanation was forthcoming from the applicant as to why he did not informed the bank when his cheque was lost. There is no infirmity with the order of the revisional Court - Application dismissed.
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