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Head Note

The Negotiable Instruments Act, 1881  - Section 138 , Section 141

Dishonour of Cheque - Appeal against Acquittal - Case made out in the complaint was that the goods were sold and supplied to M/s. Shah Enterprises and the liability was of M/s. Shah Enterprises - While in the affidavit in lieu of examinationin-chief, the appellant came out with a case that the liability was that of M/s. Shah Agencies as goods were sold and supplied to M/s. Shah Agencies and it was not the case of the appellant that the accused had agreed to take over and discharge the liabilities of M/s. Shah Agencies - Held that the High Court has correctly come to the conclusion that the liabilities of M/s. Shah Agencies were never taken over by M/s. Shah Enterprises and rightly dismissed the leave to appeal - No ground to interfere with the concurrent findings of the Trial Court and the High Court.

Topic(s)-Dishonour of Cheque - Liability - Acquittal upheld ,