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2021 (10) TMI 31 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - continuation of criminal proceedings arising out of the complaint would result in miscarriage of justice - powers under Section 561-A Cr.PC. - HELD THAT:- The Trial court after having taken cognizance, recorded the statement of complainant and issued process against the accused for commission of offences punishable under Section 138 Negotiable Instruments Act as well as offences punishable under Sections 420, 323 and 506 RPC. What was required by the respondent to show before the court was that a cheque was issued by petitioner and the same was presented for encashment, the cheque was dishonoured and returned on account of insufficient funds or any other reason and notice of demand was made, but petitioner failed to pay. The respondent has alleged and shown that the cheque was issued in his favour for payment of ₹ 6.00 lacs and when the said cheque was presented for encashment before the bank within the period of validity of the cheque, the bank returned the cheque without making payment on the ground that drawee of the cheque was not having sufficient funds - The respondent has further alleged that in pursuance of demand notice, he also demanded the money of cheque from the petitioner, but petitioner/accused instead of making payment subjected him to beating, thrashing and also threatened him of dire consequences. This act of the petitioner is shown to have been done during the course of the same transaction. The cognizance of offences under Section 138 Negotiable Instruments Act, as well as Sections 420, 323 and 506 of Ranbir Penal Code taken by the Trial Court, is not bad because in view of provision as contained in Section 227 of the Cr.PC, trial of the cases in respect of the offences which have taken place during the course of same prosecution can be held together. The submission of the petitioner that the filing of complaint, its continuance and issuance of process amounts to abuse of the process of law, is without any basis. Nothing wrong can be found in the order passed by Trial court. The complaint and statements, do disclose the commission of offence punishable under section 138 Negotiable Instruments Act as well offences punishable under Sections 420, 323 and 520 Ranbir Penal Code. Petition dismissed.
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