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2016 (7) TMI 1118 - DELHI HIGH COURT

2016 (7) TMI 1118 - DELHI HIGH COURT - TMI - Dishonor of cheque - Complaint under Section 138 Negotiable Instruments Act - Held that:- In the present case, the petitioner seeks appreciation of defence evidence by this Court by pointing out the change in the ink, that the cheque book was issued in the year 2008 and it was an old cheque. I am afraid that this piecemeal appreciation of evidence cannot be done by the High Court in exercise of its jurisdiction under Section 482 Cr.P.C. The arguments .....

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> 1. By the present petition the petitioner seeks quashing of complaint No. NI-1013/14 under Section 138 Negotiable Instruments Act, 1881 (in short NI Act ) titled as Smt. Renu Kapoor vs. Smt. Veena and the proceedings pursuant thereto. 2. Renu Kapoor filed a complaint under Section 138 NI Act alleging that she had advanced a loan of ₹ 60,000/- to the petitioner who was her first cousin for the operation of her mother in the form of loan which the petitioner undertook to r .....

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he same was received back unserved with the endorsement adhura pata he . The respondent again presented the cheque which was dishonored on 15th March, 2012 with the remark contact drawer and thereafter a statutory demand notice dated 17th March, 2012 was issued through the counsel which was duly received by the petitioner however, the loan amount was not repaid and thus the complaint. 3. The respondent/complainant examined herself and exhibited the documents. On summons being issued t .....

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stion from the petitioner on 3rd May, 2008 under the influence and trust being brother-in-law, which he misused. The amount due to the respondent has already been paid to her husband in her presence at their residence. However, the cheque was not returned on the pretext that the same was misplaced. Thereafter the husband of the respondent in collusion with the respondent and her brother misused the cheque and filed the complaint which is an abuse of the process of law. The petitioner also filed .....

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ctum of service of statutory notice and the cheque return memo Ex.CW-1/C which was dishonored on the ground of refer to drawer . Thus there was prima facie sufficient material to raise presumption of outstanding liability against the petitioner and due service of statutory notice, thus the Court was not entitled to review its own order of summoning. 5. Before this Court learned counsel for the petitioner argues that an old cheque was lying with the respondent/complainant wh .....

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te of Maharashtra and another. 6. In Pooja Ravinder Devidasani (supra) the Supreme Court noted its earlier decision in reported as 2014 AIR SCW 6328 Gunamala Sales Pvt. Ltd. vs. Anu Mehta, as under: 23. In Gunmala Sales (P) Ltd. (2014) AIR SCW 6238) (supra) on which the learned counsel for the respondents has heavily relied, this Court at para 33 (c) held: In the facts of a given case, on an overall reading of the complaint, the High Court may, despite the prese .....

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