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2010 (1) TMI 1288 - HC - Indian LawsNegotiable Instruments Act (NIA) - Petitioner No. 1 issued two cheques - Presented for Encashment - returned unpaid with the remarks signature different - In lieu of the previously dishonoured cheques, they issued three other cheques - Out of 3 cheques issued one cheque returned unpaid with the remarks stop payment - No payment made in notice period - complaint u/s 138/141 NIA and also u/s 420 of IPC - HELD THAT- Considering the matter on record, I hold that the complaint, subject matter of Crl.M.C. No. 2225/2009 is liable to be quashed because the complainant presented the cheque for encashment of the whole amount of ₹ 49,47,600/- though the amount due to him on the date of the presentation of the cheque was ₹ 32,9600/- and he also demanded the whole of the amount of ₹ 49,47,600/- as principal sum without even indicating the principal amount due to him under the cheque was ₹ 32,97,600/- and without even referring to the part- payment of ₹ 16,50,000/- which he had received by RTGS on 7.10.2008. The criminal complaint, subject matter of Crl.M.C.2224/2009 is liable to be quashed as the complainant presented the cheque for encashment of whole of its amount of ₹ 31,91,650/- though he had already received a sum of ₹ 10,50,000/- before presentation of the cheque and the principal amount due to him on the date of presentation of the cheque was only ₹ 21,41,650/-.
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