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2021 (5) TMI 839 - HC - Indian LawsDishonor of Cheque - absence of reliable evidence - one more opportunity of hearing sought - section 138 of NI Act - principles of natural justice - HELD THAT:- It seems that it is only in the interest of justice that the appellant be afforded one more opportunity to adduce evidence by producing and marking the cheque return memo in question through a competent witness. It is also noted that both the courts below have noticed the execution and issuance of the cheque by the 1st respondent. In the circumstance, due to an inadvertent omission on the part of the appellant, interest of justice cannot be stultified. The matter is remanded to the trial court for fresh disposal, after affording opportunity to the parties to adduce fresh evidence, in continuation of the evidence already adduced - Appeal allowed by way of remand.
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