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2018 (8) TMI 2148

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..... t : None. ORDER Heard the learned counsel for the petitioner. 2. The petitioner has sought to quash the proceedings initiated against him under Section 138 of Negotiable Instruments Act, 1881 ('Act' for short). 3. The contention of the petitioner is that the learned Magistrate has failed to take into consideration the provisions of Section 269 SS of the Income Tax Act, 1961 while taking cogni .....

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..... n this case as these are unaccounted transaction, the Court could not have lent its hands and passed a decree. For these reasons also the suit was required to be dismissed." 4. The facts of the above case are that the 1st respondent filed two suits against the appellants therein in O.S.No.6/1982 and O.S.No.48/1982 for recovery of a sum of Rs.2,56,000/- with interest. The suits were filed on the .....

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..... initiated against the petitioner for the alleged dishonor of a cheque. The case of the complainant is that in repayment of the hand loan advanced by him, the petitioner/accused issued the cheque in question which has been dishonored. No doubt, the sources from which the complainant paid the loan amount may be required to be established during the trial, but the prosecution under Section 138 of N.I .....

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