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Indian Laws - Highlights / Catch Notes

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Dishonour of Cheque - The petitioner challenged the dismissal of ...

Indian Laws

March 11, 2024

Dishonour of Cheque - The petitioner challenged the dismissal of his application for summoning records/documents for cross-examination purposes. - The High Court reiterated the conditions under which documents could be summoned – when they are deemed "necessary or desirable" for the case's adjudication. The Court found that the documents the petitioner sought were neither relevant nor necessary for a fair trial of the complaint filed under Section 138 of the NI Act. The Court emphasized that the documents' summoning at this stage appeared to be a tactic for a roving inquiry and to unduly delay the trial. Consequently, the petition was dismissed.

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