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2021 (6) TMI 8 - HC - Indian LawsDishonor of cheque - Offences punishable under Sections 415 and 420 of IPC - sub-standard black pepper supplied - dishonest intent - specific allegation is made in the complaint that with the dishonest intention even though the materials are received, a false legal notice was issued stating that black pepper which was supplied is of sub standard and the same clearly discloses the dishonest intention of the complainant - HELD THAT:- The Apex Court in the judgment in the case of DINESHBHAI CHANDUBHAI PATEL v. THE STATE OF GUJARAT [2018 (1) TMI 1624 - SUPREME COURT] has held that while exercising the power under Section 482 of Cr.P.C., the High Court should not venture to interfere in the domain of the investigation unless there is any prima facie case. It is also observed and summarized the principles in context of the FIR that High Court should not venture to collect the material evidence sitting as Appellate Court and only to look into the contents of the complaint and when the complaint discloses prima facie committing of cognizable offence, it should stay its hands in interfering with the domain of the investigation. The learned counsel for respondent No. 2 brought to the notice of this Court the whatsapp messages exchanged between the parties and that respondent No. 2 had been to Delhi and this petitioner did not meet him and also not made any payment. The correspondence made between them clearly discloses taking of time for presentation of cheques and issuance of cheques and hence it is clear that it is a business transaction, but the Court has to look into the contents of the complaint where specific allegations are made against the petitioner that with dishonest intention at the inception of the transaction he made the assurance and cheated the complainant and the very complaint allegation discloses prima facie committing of the offence of Section 420 of IPC. When such being the factual aspects of the case, it is rightly pointed out by the learned counsel for respondent No. 2 that it is a criminal case registered against the petitioner invoking Section 420 of IPC. In the case on hand, though the cheque was bounced, no case is filed under Section 138 of the NI Act. The allegation is made against the petitioner that with dishonest intention, a transaction was entered into and at the inception of the transaction itself there was an intention to cheat the complainant. When such being the facts and circumstances of the case, the very contention of the learned counsel for the petitioner that only on abuse of process, a false proceedings is initiated against the petitioner cannot be accepted at this juncture. The matter requires to be investigated when the cognizable offence has been made out in the complaint. Petition dismissed.
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