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    <title>2023 (8) TMI 241 - CALCUTTA HIGH COURT</title>
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    <description>In a cheque dishonour complaint under the Negotiable Instruments Act, subsequent payment made after dishonour and after issuance of the statutory demand notice did not extinguish the alleged liability for maintainability purposes, so the complaint remained prima facie maintainable. In such complaints, the Magistrate was not required to follow the ordinary Section 202(2) procedure of examining witnesses on oath in the same manner as other complaints; affidavit evidence and accompanying documents could suffice where sufficient grounds to proceed were found. The revisional challenge therefore failed on maintainability and process-issuance objections, though the warrant of arrest was set aside and the complaint was directed to continue in accordance with law.</description>
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    <pubDate>Mon, 24 Jul 2023 00:00:00 +0530</pubDate>
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      <title>2023 (8) TMI 241 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=441262</link>
      <description>In a cheque dishonour complaint under the Negotiable Instruments Act, subsequent payment made after dishonour and after issuance of the statutory demand notice did not extinguish the alleged liability for maintainability purposes, so the complaint remained prima facie maintainable. In such complaints, the Magistrate was not required to follow the ordinary Section 202(2) procedure of examining witnesses on oath in the same manner as other complaints; affidavit evidence and accompanying documents could suffice where sufficient grounds to proceed were found. The revisional challenge therefore failed on maintainability and process-issuance objections, though the warrant of arrest was set aside and the complaint was directed to continue in accordance with law.</description>
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