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2014 (8) TMI 1231 - HC - Indian LawsDishonor of Cheque - cheque was issued by the petitioner or not - allegation raised in the complaint filed against the wife of the defacto complainant and the defacto complainant is that 5 cheques were stolen and the occurrence of the offence was stated to be between August 2011 and 27.3.2012 - HELD THAT:- This court is not inclined to accept such contention raised on the side of the petitioner/accused - Here is the case, wherein the private complaint was filed on 30.7.2012 stating that the amount of Rs.7,00,000/- was paid by way of cash to the accused and the cheque bearing No.114866 dated 5.6.2012 drawn on ICICI bank issued by the accused for the same, assuring that the same will be honoured on presentation. When it was presented for collection on 5.6.2012, it was returned dishonoured for the reason of “Account Blocked situation” through return memo dated 7.6.2012 etc. Whereas, the complaint regarding missing of cheques was given only on 19.12.2013. Had it been true, the petitioner would have thought it fit to give complaint during 2011 itself. Though the date of occurrence was between 2011 and March 2012, the complaint was given on 19.12.2013 much after the issuance of statutory notice. This court is not inclined to accept the theory as put forth before this court, to quash the proceedings - the same is available by way of defence to the accused to be agitated before the trial court and the truthfulness or otherwise of such theory cannot be gone into by this court in this quash petition, which is summary in nature. This court feels that it is not a fit case to quash the proceedings initiated against the petitioner herein - petition disposed off.
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