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2023 (8) TMI 241 - CALCUTTA HIGH COURTDishonour of Cheque - insufficient funds - whether the alleged amount of default, has already been paid by the petitioner prior to receiving the copy of summons in the present case? - HELD THAT:- It is clear from the materials on record that the payment towards the petitioner’s liability was not within the notice period - In this case, it is clear that the payment was not made within the statutory period. So the proceedings under Section 138 N.I. Act is prima facie maintainable. In the present case as seen from the order dated 18.03.2009 the Magistrate took evidence on affidavit along with documents under Section 200 Cr.P.C. and considered the case to be suitable for issuing process under Section 202 Cr.P.C. on examination of the documents and the evidence of the complainant on affidavit and being satisfied as to the sufficiency of grounds for proceeding under Section 202 Cr.P.C. - the proceeding is under Section 138 N.I. Act. The strict compliance of the provision under Section 202 Cr.P.C. in such cases has been dispensed with by the Hon’ble Supreme Court. By the order under revision the learned Magistrate has issued a warrant of arrest against the petitioner. Payment of the due amount has been made. Keeping with the view of the Hon’ble Supreme Court in re-expeditious trial of the cases under Section 138 N.I. Act the present revision is disposed of by directing the learned Magistrate to refer this case for mediation to the Secretary of the respective District Legal Services Authority - in the interest of justice and as payment of the cheque amount has already been made by the petitioner, the order under revision issuing warrant of arrest against the petitioner is liable to be set aside. Revision application allowed.
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