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    <title>2021 (5) TMI 839 - KERALA HIGH COURT</title>
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    <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the High Court held that where execution and issuance of the cheque were already proved, the inadvertent omission to produce the cheque return memo should not defeat a fair adjudication. As dishonour for insufficiency of funds was otherwise indicated and the missing document was material to proof, the court found that one further opportunity to adduce the evidence was justified. The matter was remanded for fresh disposal, with liberty to both sides to lead additional evidence, including defence evidence.</description>
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      <description>In a prosecution under Section 138 of the Negotiable Instruments Act, the High Court held that where execution and issuance of the cheque were already proved, the inadvertent omission to produce the cheque return memo should not defeat a fair adjudication. As dishonour for insufficiency of funds was otherwise indicated and the missing document was material to proof, the court found that one further opportunity to adduce the evidence was justified. The matter was remanded for fresh disposal, with liberty to both sides to lead additional evidence, including defence evidence.</description>
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