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TMI Blog2021 (8) TMI 619X X X X Extracts X X X X X X X X Extracts X X X X ..... blished by the complainant - it is alleged that the trial court has not considered this fact that post dated cheque has been collected by the Finance Company and the same has become time barred - willingness to compound the case - HELD THAT:- Having regard to the provision of Section 139 and 140 of the N.I. Act the defence that cheque was post dated and was not issued in lieu of legally enforceabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amal Khan has made a prayer to quash the summoning order dated 23.12.2020, passed by the Additional Court, Room No. 04, Lucknow, in Complaint Case No. 47134 of 2020, (Mahindra & Mahindra Financial Services Ltd. Vs. Waseem Jamal Khan) under Section 138 of Negotiable Instruments Act, as well as entire proceedings of complaint case. Learned counsel for the applicant while pressing this petition subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties and having perused the record and having regard to the nature of the order intended to be passed, service on opposite party no.2 is thereby dispensed with. The grievance of the applicant appears to be that though he has paid the post dated cheque to the complainant Company but the same has been presented by him in the bank and the complaint on false ground has been filed as the chequ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that if within ten days from today, an application for compounding the offence is moved by the applicant, the trial court shall be under an obligation to dispose of the same keeping in view the law laid down by the Hon'ble Supreme Court in the case of Damodar S Prabhu Vs. Syed Baba Lal H reported in MANU/SC/0319/2010. Till ten days from today, the applicant shall not be arrested in pursuance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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