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    <title>2013 (11) TMI 1806 - DELHI HIGH COURT</title>
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    <description>In a Section 138 NI Act complaint supported by affidavit and documents, the Magistrate may issue process on a prima facie assessment without a separate Section 202 CrPC inquiry merely because the accused resides outside jurisdiction. A plea that the cheques were issued only as security cannot defeat summoning at the threshold, as it raises a rebuttal to the statutory presumption that must be tested at trial. Where one statutory notice covers multiple dishonoured cheques arising from the same transaction, they may be joined in a single complaint and Section 219 CrPC is not attracted. The summoning order was therefore sustained and the proceedings were allowed to continue.</description>
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    <pubDate>Fri, 01 Nov 2013 00:00:00 +0530</pubDate>
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      <title>2013 (11) TMI 1806 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=308511</link>
      <description>In a Section 138 NI Act complaint supported by affidavit and documents, the Magistrate may issue process on a prima facie assessment without a separate Section 202 CrPC inquiry merely because the accused resides outside jurisdiction. A plea that the cheques were issued only as security cannot defeat summoning at the threshold, as it raises a rebuttal to the statutory presumption that must be tested at trial. Where one statutory notice covers multiple dishonoured cheques arising from the same transaction, they may be joined in a single complaint and Section 219 CrPC is not attracted. The summoning order was therefore sustained and the proceedings were allowed to continue.</description>
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      <pubDate>Fri, 01 Nov 2013 00:00:00 +0530</pubDate>
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