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2020 (1) TMI 1535 - SC - Indian LawsDishonor of Cheque - validity of sale deed - deposit of first cheque under threat and coercion - Section 482 of the Code of Criminal Procedure - HELD THAT:- One of the striking features of the matter is that on the day when the Sale Deed was executed, not a single paisa was actually received by way of consideration. Three post-dated cheques were handed over to the Appellant and one of those three cheques was deposited in the bank for encashment on the next date. It is a matter of record that subsequent cheques were not even sought to be encashed and the Appellant showed his willingness to deposit even the sum of ₹ 15 lakhs received by encashment of first cheque. Further, neither the conveyance deed was preceded by any agreement of sale nor any advertisement was issued by the Appellant showing his inclination to dispose of the property in question. It is true that civil proceedings have been subsequently initiated to get the registered Sale Deed set-aside but that has nothing to do with the present criminal proceedings - It is thus well-settled that in certain cases the very same set of facts may give rise to remedies in civil as well as in criminal proceedings and even if a civil remedy is availed by a party, he is not precluded from setting in motion the proceedings in criminal law. There are no hesitation in concluding that the High Court erred in quashing the criminal proceedings - appeal allowed - decided in favor of appellant.
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