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Payee name in Cheque mismatch payee bank a/c name
21-Jun-2023 (In Cheque Bounce Law)
cheque was simple cross by two line, bearer word struck out.payee name in cheque as m l saha but collecting bank a/c name mohanlal saha. No sign or mobile no by payee (m l saha or mohanlal saha) back side of cheque.on back side of cheque nothing else except drawer (a/c holder) sign. No single scrap of paper on as (m l saha) at the time of filling petition under ni act .all are as mohanlal saha( adhara/pancard dl/ rto paper). Can the petition deserves to be quashed and not maintainable as the complainant as neither payee nor holder in due course u/s 142 of ni act.
There is less probability of the case being quashed by the High Court. Generally High Court does not entertain disputed facts while hearing an application under section 482 of the CrPC. This disputed facts can be adjudged by the trial court after evidence. In such backdrop, you are hereby advised to fight out the case before the trial court. Bring such fact in evidence by way of cross examination so that the edifice of the complainant's case will crumple to the ground.
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