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2021 (2) TMI 1238 - HC - Indian LawsDishonor of Cheque - private Compliant filed by the respondent - an abuse of the process of the court or not - ingredients of the offences mentioned in the complaint are attracted warranting cognizance of the offences against the petitioner or not - HELD THAT:- The respondent did not take any action either for giving a police complaint or for filing a private complaint, soon after, the receipt of notice of demand issued by the petitioner in respect of those two disputed cheques. Moreover, he has also suffered an award in the arbitration proceedings in respect of these two disputed cheques. On 14.08.2014, wherein, the respondent remained exparte inspite of several opportunities given to the respondent. But, he did not participate in the arbitration proceedings. So, even after that, he did not take any action for filing complaint or information to the police. The present prosecution was initiated, only in the year of 2015. The reason for the long delay is also not clearly stated by the respondent in the complaint. In respect of disputed cheques, there is a clear admission on the part of the respondent to the effect that as per the agreement between the parties, it was the practise of issuing blank cheques, whenever, goods are delivered on credit basis. When cash is paid towards the delivery of the goods, it will be accounted. Along with the complaint, account statement issued by the petitioner is also filed. Perusal of the accounts statement shows that whenever, there was supply of goods on credit basis, the respondent used to send cheque, which according to him, signed blank cheque and whenever, amount is paid, it was given credit. As per the statement of accounts, it is seen that as on 30.09.2011, the closing balance is ₹ 7,12,663/- - According to the respondent, the two cheques were already given discharge and accounted. But, later, they have been forged and presented for encashment. So, according to him, forgery and other offences are clearly made out. Criminal Original Petition is allowed.
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