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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - failure to complete part of the promise - ...


Court Rules Cheque Dishonor Case Abusive; Discharges Accused Due to Lack of Offense Elements u/ss 138 & 141.

March 6, 2023

Case Laws     Indian Laws     HC

Dishonor of Cheque - failure to complete part of the promise - legal and legitimate dues or not - where ingredients of an offence are lacking against an accused, it is the duty of the Court to discharge such accused. Holding a Trial against the petitioner under Section 138 read with Section 141, is utmost abuse of the process of law and the Learned Trial Court has passed the summoning order without any application of mind. - HC

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