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    <title>2021 (2) TMI 492 - ALLAHABAD HIGH COURT</title>
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    <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the High Court found that the complaint disclosed a prima facie case where the cheque was alleged to have been issued against an existing liability, dishonoured for insufficient funds, followed by notice and non-payment. The accused&#039;s claim that the cheque had been lost or stolen was treated as a defence requiring proof at trial, particularly because the accused admitted the cheque signature and had not informed the bank or sought stop-payment. At the discharge stage, the Court held that a mini trial was impermissible and upheld the rejection of discharge and the revisional order.</description>
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      <title>2021 (2) TMI 492 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=404000</link>
      <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the High Court found that the complaint disclosed a prima facie case where the cheque was alleged to have been issued against an existing liability, dishonoured for insufficient funds, followed by notice and non-payment. The accused&#039;s claim that the cheque had been lost or stolen was treated as a defence requiring proof at trial, particularly because the accused admitted the cheque signature and had not informed the bank or sought stop-payment. At the discharge stage, the Court held that a mini trial was impermissible and upheld the rejection of discharge and the revisional order.</description>
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      <pubDate>Fri, 22 Jan 2021 00:00:00 +0530</pubDate>
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