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2018 (12) TMI 1955 - MADRAS HIGH COURTDishonor of Cheque - insufficient funds - Section 138 of NI Act - maintainability of final report on the same cause of action - offence under Sections 120(b), 406, 420 and Section 34 of IPC - HELD THAT:- The defacto-complainant is agitating the same issue in two forums. The allegations as found in the final report, will only constitute a Prima facie offence under Section 138 of the Negotiable Instruments Act. The defacto-complainant is already prosecuting the complaint before the concerned Court and the same is pending. The present final report on the same cause of action is not maintainable. The continuation of the proceedings before the Court below will result in abuse of process of Court. This Criminal Original Petition is allowed.
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