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2020 (2) TMI 1160 - HC - Indian LawsDishonor of cheque - insufficiency of funds - complainant claims that when the disputes between the parties are pending before the different courts, it looks highly suspicious that the complainant would issue cheque in favour of the accused persons - HELD THAT:- The matters relating to defect in the goods and deficiency in service are admittedly pending consideration before the State Consumer Dispute Redressal Commission where respondent no. 5 had claimed a compensation of ₹ 80,00,000/- with interest. About the alleged threat given to respondent no. 5 over telephone again a complaint case is pending at Sherghati which is not under challenge in the present case. To this Court, therefore, no difficulty in accepting the plea of the petitioners that this case is more by way of a grievance over the lodgement of the cheque issued by respondent no. 5 at the time of availing the financial assistance. The said cheque stood dishonoured on presentation in want of sufficient fund and apparently the respondent no. 5 while premediating a legal action and filing of a complaint case against him for the alleged dishonour of cheque brought the present complaint and got it referred to Amas Police Station by the learned A.C.J.M., Sherghati. This Court finds from the order passed by the learned A.C.J.M., Sherghati that he has simply acted as a post office in a routine and mechanical manner by forwarding the complaint petition to the police station for institution of FIR and investigation - There was no statement in the complaint petition that the steps required to be taken under Section 154(3) Cr.P.C. was complied with by the informant. This Court would also observe that the learned A.C.J.M., Sherghati has recorded the order on the body of the petition itself which cannot be said to be a healthy practice. Apart from the aforesaid fact that no statement was made in the complaint petition that there was a compliance of Section 154(3) Cr.P.C., this Court finds on the face of the allegations made in the FIR that a bare reading of the same would not disclose any offence - this Court finds it just and proper to exercise its extraordinary power under Article 226 of the Constitution of India to quash and cancel the First Information Report giving rise to Amas P.S. - The First Information Report is, thus, quashed and this application is allowed.
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