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Dishonour of Cheque - Proviso (b) to Section 138 of the NI Act not complied - notice of demand dated 08.06.2012 demanded Rs. 2 crores from the accused instead of the cheque amount of Rs. 1 crore - The High court concludes that the complaint filed by the respondent is not maintainable due to procedural irregularities, particularly the failure to comply with the requirements of Proviso (b) of Section 138. - Any demand made in excess of the cheque amount, without clear justification, renders the notice defective. - The petition is allowed, and the complaint against the petitioner is quashed, with no order as to costs.
Dishonour of Cheque - Proviso (b) to Section 138 of the NI Act not complied - notice of demand dated 08.06.2012 demanded Rs. 2 crores from the accused instead of the cheque amount of Rs. 1 crore - The High court concludes that the complaint filed by the respondent is not maintainable due to procedural irregularities, particularly the failure to comply with the requirements of Proviso (b) of Section 138. - Any demand made in excess of the cheque amount, without clear justification, renders the notice defective. - The petition is allowed, and the complaint against the petitioner is quashed, with no order as to costs.
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