Court Dismisses Claim of Cheque Theft as Bad Faith; Upholds Section 138 Complaint for Dishonored Cheque Liability.

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....Dishonor of Cheque - It is apparent from the record that the allegation made by respondent is with regard to theft of his cheque which is the subject-matter of complaint registered u/s 138 of NI Act by petitioner. Aforesaid modus operandi on the part of respondent reflects clear mala fide to escape from the liability of issuance of cheque by him and it is a clear abuse of process of Court and same could not be sustained in the eyes of law. - HC....