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2019 (2) TMI 2102

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..... ce or not - whether cheque amount was part payment given by respondent-complainant to accused-company or not - HELD THAT:- The stand taken by petitioner is refuted by respondent s counsel who submits that the stand taken on behalf of petitioners pertains to the merits of this case, which cannot be pre-judged and is required to be considered after the evidence is recorded by trial court. This court .....

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..... eas in the above captioned third petition quashing of complaint of 11th December, 2015 relating to dishonor of cheque of ₹25 lacs and summoning order of 25th February, 2016 is also sought on merits. With the consent of learned counsel for the parties, the above captioned three petitions have been heard together and are being disposed of by this common order. Learned counsel for petitioner su .....

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..... ng treated as secured loans. Attention is also drawn to the audited financial statement of accused-company (Annexure P-4) to point out that the cheque amount is reflected in the financial statement of accused as unsecured loan and so, the complaints in question deserve to be proceeded with and so, dismissal of these petitions is sought. Upon hearing and on perusal of complaints in question, impugn .....

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