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Showing contexts for: Structural defects in Surendra B vs Gangadhara Rao Pujari on 1 July, 2024Matching Fragments
22. Further in the cross-examination of PW1 it is admitted by the PW1 that, Ex.P1 Cheque was dishonoured with reason 'Cheque not in order'. In this regard, the learned Counsel for accused relied decision of Hon'ble Bombay High Court in 1998 Cril.L.J.4750 in the case of Babulal Naimal Jain V/s. Khimji Ratanshi Dedhia and Others wherein Hon'ble Bombay High Court held that;
"N.I. Act Sec.138 Scope - Dishnour of Cheque - Cheque return due to structural defect - Sec.138 is not attracted - Structural defect in Cheque meaning of - If, a Cheque is returned on account of any structural defect i.e, any defect in its form, want of signature, date has not been properly written, figure of the Accused has been overwritten or erasures in the drawer's name etc. The same will not amount to an offence punishable u/Sec.138 of N.I. Act."