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Shyam Sunder Soni vs. State of Rajasthan & Anr.

48.00 4.80

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Negotiable Instruments Act, 1881–Sec. 138 r/w. 18–Discrepancy in the amounts mentioned in the cheque–Amount in figures was shown Rs. 7,55,125/- whereas in words, it was shown as Rs. Seven lakh fifty thousand one hundred twenty-five only–Cheque was dishonoured due to insufficient balance–As per provisions of Sec. 18, amount written in words is to be taken into consideration–Notice given for the amount of Rs. 7,55,125/- by itself cannot invalidate it and the proceedings u/s. 138 is required to be read purposively–
Petitioner has tried to advert the proceeding by resorting to a mechanical construction of the law–Further, he neither responded the notice nor disputed the very liability–Trial Court has taken the cognizance for the amount of Rs. 7,50,125/- –Interference declined.