2003 (10) TMI 697

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..... agreement with respondent No. 1 for production of tomato crop in 1000 acres, 500 acres at Central State Farms Suratgarh and 500 acres at Central State Farm, Ladhowal on the terms and conditions mentioned in the agreement. The relevant terms and conditions of payment are as under:- Terms of Payment 9. One week before lifting the tomato produce from the field. Second party shall provide Ba .....

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..... rms of the agreement, these cheques were to be replaced by the petitioner company by way of demand draft of the total value of Rs. 20 lac each. Admittedly demand drafts amounting to Rs. 40 lac were given to respondent No. 1. Instead of replacing the cheques with these demand drafts respondent No. 1 presented those cheques which obviously were dishonoured. 3. The question before the learned tria .....

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..... he offence under Section 138 of the Negotiable Instruments Act ceases to exist. Proceedings under Section 138 of the Negotiable Instruments Act cannot be converted into civil suit for recovery. These are specific proceedings and confine only to cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for th .....

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