2019 (4) TMI 1849

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....Dr. Sushil Balwada, AOR, Mr. Satbir Pillania, Adv., Somire Deswal, Adv., Mr. Ajay Senger, Adv. For the Respondent(s) : Mr. Amol B. Karande, AOR, Mr. Vijay Khemkar, Adv., Ms. Shubada Phaltankar, Adv., Mr. K.V. Muthu Kumar, Adv. And Mr. Nishant Ramakantrao Katneshwarkar, AOR ORDER Leave granted. The appellant was acquitted by the Trial Court for an offence punishable under Section 138 of....

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....d to be returned by the appellant according to the notices. The Trial Court held that the notices were defective on the ground that the notices mentioned loan amount and not the cheque amount. The Trial Court was of the opinion that the notices were contrary to Section 138 of the NI Act. The High Court took a different view and was of the opinion that there was no satisfactory evidence led by t....

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....o the interim order passed by this Court an amount of Rs. 80,000/- has been deposited in this Court. Learned counsel for the appellant relied upon clause(b) of the proviso to Section 138 of the NI Act to submit that the demand by the notice should be only the cheque amount and not the loan amount. A perusal of the notice, according to him, would show that the notice refers to the loan amount an....