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The HC allowed the criminal miscellaneous petition under Section 482 Cr.P.C., quashing the complaint under Section 138 NI Act. The court found that the applicant had given contemporaneous stop-payment instructions prior to the alleged date of cheque issuance, rendering the purported dishonour for "insufficient funds" incapable of attracting penal consequences. The complaint was held to be premature and devoid of a valid cause of action: service of the statutory notice was not proved and the suit was instituted before the 15-day period for payment had expired. Consequently, the statutory presumption available under Section 139 NI Act was inapplicable, and continuation of proceedings was deemed abuse of process.
The HC allowed the criminal miscellaneous petition under Section 482 Cr.P.C., quashing the complaint under Section 138 NI Act. The court found that the applicant had given contemporaneous stop-payment instructions prior to the alleged date of cheque issuance, rendering the purported dishonour for "insufficient funds" incapable of attracting penal consequences. The complaint was held to be premature and devoid of a valid cause of action: service of the statutory notice was not proved and the suit was instituted before the 15-day period for payment had expired. Consequently, the statutory presumption available under Section 139 NI Act was inapplicable, and continuation of proceedings was deemed abuse of process.
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