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2022 (4) TMI 358 - HC - Indian LawsMaintainability of Criminal proceeding - Dishonor of Cheque - insufficiency of funds - mismatch of signature in the cheque - HELD THAT:- It is clear from the order sheets of Complaint Case No. 230/2021 that the complainant has filed this complaint against the petitioner which has been registered by the learned Judicial Magistrate First Class on 25.01.2021 under Section 138 of Negotiable Instrument Act. Petitioner has filed application under Section 309 of Cr.P.C. on the ground that he wants to file a writ petition before High Court on the ground that his complaint under Section 35 of Consumer Protection Act is pending before the competent Authority, therefore, this petition is not maintainable. Criminal Proceeding under Section 138 of Negotiable Instrument Act for dishonour of cheque is maintainable - petition dismissed.
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