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2023 (5) TMI 800 - HC - Indian Laws
Dishonour of Cheque - complainant has admitted that he had signed the cheques but fraud was committed in filling up those cheques and presenting the same before the Bank - HELD THAT:- It is admission of respondent No. 2 that he had issued the signed cheque which is subject mater of the complaint case filed by the petitioner. The cheques were for refund of loan.
Evidently, the petitioner cannot be allowed to be prosecuted for bald allegations, burden to prove whereof is on respondent No. 2 in view of admission of respondent No. 2 that he had signed the cheque which got dishonoured - Likewise, respondent No. 2 has admittedly acted in violation of mandate of The Income Tax Act (as contained in Section 269 ST of The Income Tax Act and Section 269SS of the said Act), therefore, respondent No. 2 cannot be allowed to get protection of his unlawful act of dealing with cash above the ceiling amount prescribed under the law. If the impugned FIR and proceedings arising out of the same is allowed to be sustained, it would amount in protecting and recognizing illegal acts of respondent No. 2.
The impugned FIR and subsequent proceedings stands hereby quashed to prevent miscarriage of justice and this petition is allowed.