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    <title>1997 (1) TMI 561 - Gujarat High Court</title>
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    <description>Where cheques are presented within the prescribed time, statutory notice is issued in time, payment is not made within fifteen days, and the complaint is filed within one month from accrual of the cause of action, the requirements of sections 138 and 142 of the Negotiable Instruments Act are satisfied. Re-presentation of the same cheque is not barred in the absence of an express statutory prohibition. On allegations that also prima facie disclose cheating, process should not be confined to section 138 alone and may properly extend to section 420 IPC. The process was sustained and the trial was directed to proceed with both offences.</description>
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    <pubDate>Tue, 07 Jan 1997 00:00:00 +0530</pubDate>
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      <title>1997 (1) TMI 561 - Gujarat High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=295049</link>
      <description>Where cheques are presented within the prescribed time, statutory notice is issued in time, payment is not made within fifteen days, and the complaint is filed within one month from accrual of the cause of action, the requirements of sections 138 and 142 of the Negotiable Instruments Act are satisfied. Re-presentation of the same cheque is not barred in the absence of an express statutory prohibition. On allegations that also prima facie disclose cheating, process should not be confined to section 138 alone and may properly extend to section 420 IPC. The process was sustained and the trial was directed to proceed with both offences.</description>
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      <pubDate>Tue, 07 Jan 1997 00:00:00 +0530</pubDate>
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