2013 (3) TMI 806

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....diwal, J. 1. Heard. 2. The petitioner questioned prosecution under Section 138 of Negotiable Instruments Act on the ground, averments in paragraph no.8 of the complaint petition are too short to invoke cause of action to initiate the proceedings. Paragraph No. 8 of the complaint petition reads as under: "8. That, the complainant respectfully submits that, the complainant issued a legal notice t....

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.... Section 138 of Negotiable Instruments Act. This is more so, after the proviso to clauses (a)(b)(c) are mandatorily to be complied with. The legal position is explained by the Supreme Court in the matter of Shakti Travel & Tours vs State Of Bihar and Anr. (MANU/SC/2471/2000 : 2001 AIR SCW 2307); paragraph no.2 of the said judgment reads as under: "2. Accused who is the Appellant, assails the or....