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2016 (3) TMI 695 - SC - Indian LawsOffenses punishable under Sections 409 and 420 of the Indian Penal Code - bouncing of cheques - appellant having already been convicted under Section 138 of the Negotiable Instruments Act, 1881 - Held that:- After hearing learned senior counsel/learned counsel for the parties, perusing the impugned judgment and order and also the order passed in proceedings arising out of Section 138 of NI Act, apart from the fact that the decree is obtained by the respondents in respect of the very same matter, we are of the opinion that it is a clear case of abuse of the process of the court by dragging the appellant to prosecute him for the offences punishable under Sections 409 and 420 of the Code. In our considered view, the reliance placed upon the judgment of this case in the case of Kolla Veera Raghav Rao (2011 (2) TMI 1257 - SUPREME COURT OF INDIA ) is aptly applicable to the fact situation. Applying the said principle and in view of the decree obtained by the respondents against the appellant herein, the impugned judgment and order is liable to be set aside and is set aside accordingly. A higher amount cannot be claimed by the respondents against the appellant.
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