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Gordhan Das vs. Hira Lal

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Code of Criminal Procedure, 1973–Sec. 311–Negotiable Instruments Act, 1881–Sec. 138–Dismissal of application–Appreciation of–It was filed at the fag end of trial when the matter was posted for final arguments for five times–An attempt to abuse the process of law–In the summary proceedings u/s. 138, the burden lies heavily on the drawer of the cheque to establish that there was no enforceable debt against him–Held, application was rightly rejected.