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    <title>2007 (3) TMI 834 - CALCUTTA HIGH COURT</title>
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    <description>Closure of a cheque account does not take dishonour outside Section 138 of the Negotiable Instruments Act, because a closed account is treated as covered by the statutory dishonour provision; the conviction was sustained on that basis. Initiation of proceedings before expiry of the statutory waiting period was not held fatal where no payment was made and liability was disputed, so the prosecution was not vitiated. Revisional interference was declined because no glaring illegality or miscarriage of justice was shown in the concurrent conviction findings. Compensation under Section 357(3) CrPC could not stand without a lawful sentence, so that part of the order was set aside and the matter remanded for fresh orders on sentence and compensation.</description>
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    <pubDate>Fri, 23 Mar 2007 00:00:00 +0530</pubDate>
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      <title>2007 (3) TMI 834 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=314010</link>
      <description>Closure of a cheque account does not take dishonour outside Section 138 of the Negotiable Instruments Act, because a closed account is treated as covered by the statutory dishonour provision; the conviction was sustained on that basis. Initiation of proceedings before expiry of the statutory waiting period was not held fatal where no payment was made and liability was disputed, so the prosecution was not vitiated. Revisional interference was declined because no glaring illegality or miscarriage of justice was shown in the concurrent conviction findings. Compensation under Section 357(3) CrPC could not stand without a lawful sentence, so that part of the order was set aside and the matter remanded for fresh orders on sentence and compensation.</description>
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      <pubDate>Fri, 23 Mar 2007 00:00:00 +0530</pubDate>
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