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The court clarified that in the earlier judgment, it had been made clear that Section 138 would not apply in cases where the holder presented the cheque after the notice was issued to him not to present it for encashment. This is the first case after that judgment in which the issue arose squarely. After this judgment, the position regarding Section 138 has become clear.

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First Published: Oct 16 1996 | 12:00 AM IST

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