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HC(23/02/2023)

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  1. Negotiable Instruments Act, 1881–Sec. 138–Defence of accused–Way of–In cases u/s. 138 of N.I. Act, which is a quasi-civil proceeding, all suggestions or questions regarding defence of the accused must be put up in cross-examination of the principal witness of the prosecution/complainant.
  2. Negotiable Instruments Act, 1881–Sec. 138–Code of Criminal Procedure, 1973–Sec. 311–Rejection of application–Petitioner sought to prove the fact that the bank account was closed and the information of missing cheque was given to the bank–The opinion of trial Court that the information could be obtained under the provisions of R.T.I. Act instead of summoning the bank manager–Petitioner did not raise the defence at the time of cross-examination–Matter is pending for more than ten years–Held, the application was rightly rejected.