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Out of disputed amount of Rs.3700000/ which was the subject matter of cheque in issue, the complainant had already received 1Rs.1000000/ which mean that the financial obligation of the accused was not Rs.3700000/. Even then the complainant presented the cheque issued by the accused amounting to Rs.3700000 / for encashment to the bank. After the admitted partial payment out of the total amount mentioned in the subject cheque , the complainant should not have present the same for encashment. In case the accused failed to pay the remaining amount to the complainant, he had the remedy to file the suit against the accused for recovery of that amount. Bail confirmed.

2019 PCrLJ 295

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