nia s. 138 – pleadings – Reply – In the pleadings in the complaint relating to the legal notice served by the complainant and the reply sent thereto by the accused – Only mention of reply to legal notice made – Complainant did not disclose the contents of the reply and drew a veil over the fact mention in the reply that the account was closed on account of order passed by the NCLT under the ibc – Pleadings Missed an important aspect of the case – Only stand of complainant in the present petition is that since the cheque is dishonoured, therefore, the prosecution of the petitioner accused is inevitable – Court has no hesitation in holding that on the date when the cheques were presented by the complainant to the drawee-Bank, the account holder was not maintaining the said account – Cannot be said that the offence punishable under Section 138 NI Act would be made out
IBC S. 14
