Failure to disclose liability of drawer, supply list of witnesses do not vitiate complaint under Section 138 NI Act: The Jammu & Kashmir High Court held that according to section 139 NI Act there is a presumption on the holder of the cheque for discharge of any debt or other liability unless the contrary is proved. The court also rejected the submission of the petitioner that the complaint was not maintainable as a list of witnesses was not submitted along with the complaint. The court held that the defect before the process initiates can be brought under section 465 of CrPC. Reddy & Reddy Law firm specialises in Criminal matters and deals regularly with complaints under i.e. Section 138 of Negotiable Instrument Act and recovery of dues.
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