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misc ciitations
NI ACT Section 138 Against conviction Dishonour of cheque Loan in the joint name of husband and wife
Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability
No material produced to show as to how the cheque was in possession of complainant
It cannot be probable defence that complainant has no capacity to pay the money until and unless an initial defence is set up by a reply notice
Complainant proved that accused issued cheque after availing loan of Rs.3,50,000