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2018 (9) TMI 396 - MADRAS HIGH COURTDishonor of Cheque due to insufficiency of funds - Section 138 of the Negotiable Instrument Act - Held that:- The burden is on the complainant to adduce evidence to justify the averments in the complaint. If the complaint is lacking in averments, that can be good reason to quash the proceeding. However, when the complaint is replete with averments, it will be beyond the scope of this Court acting under Section 482 of Cr.P.C., to give a declaration that those averments are contrived and therefore, the prosecution should be quashed - petition dismissed.
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