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2017 (11) TMI 160 - HC - Indian LawsOffence under Negotiable instruments Act - Reason available for the complainant to have escaped the liability - FIR was lodged by the complainant on 01.03.2016 as a counter-blast - Held that:- It is apparent that the cheques were submitted in 2015 and as soon as the aforesaid legal notice dated 09.12.2015 under Section 138 of the Negotiable Instruments Act was served upon the complainant on 15.12.2015 and a letter was sent by the complainant on 21.12.2015, as a counterblast, the present FIR has been lodged by the complainant on 01.03.2016 levelling allegations against the petitioners, which clearly are nothing but an effort of the complainant to escape the liability arising out of the Negotiable Instruments Act. The presumption clause of the Negotiable Instruments Act is absolute and has been discussed in the precedent law cited above, and thus, allowing the complainant to carry on with such malicious criminal proceedings in response to the proceedings under Section 138 of the Negotiable Instruments Act would be nothing but an abuse of the process of law. Learned Public Prosecutor has shown the case diary, and the case diary does not reflect any answer to the counterblast criminal proceedings, as it is reflected by the documents that the cheques were actually issued by the complainant, and even if some kind of dispute regarding the multiple Firms, or the words ‘Private Limited’ is there, the same can be a good defence for the complainant at the time of contesting the proceedings under Section 138 of the Negotiable Instruments Act, but the same cannot be a ground for criminal prosecution against the petitioners. Present misc. petition is allowed and the impugned FIR No.42 dated 01.03.2016 registered at Police Station, Bichhwal, District Bikaner is quashed and set aside.
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