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2023 (9) TMI 132 - HC - Indian LawsDishonor of Cheque - Counter allegation of deception - Supply of inferior quality of goods - suddenly stopped to supply the goods, which had again caused considerable loss - deposit of some post-dated cheques for encashment beyond the terms and conditions, without intimation - HELD THAT:- Admittedly one criminal prosecution is pending u/s 138 of NI Act against the present complainant. The present complainant initiated the instant criminal compliant with the allegation of cheating and criminal breach of trust. The complainant has adopted a procedure in the form of criminal complaint against a company which have filed a criminal prosecution u/s 138 of NI Act. The way of approaching the court of Magistrate by the complainant company appears to be the counter blast of the criminal prosecution u/s 138 of NI Act - ends of justice cannot be arrived at between the parties under the fear of the process of the court. The private companies are regularly filing mischievous complaint before the court of Magistrate in similar fashions nowadays. The Hon’ble Supreme court in several occasions has come heavily upon such conduct of the complainant. The Hon’ble Supreme Court in the of State of Hariyana Vs. Bhajanlal [1990 (11) TMI 386 - SUPREME COURT] has specifically observed that if after taking the petition of complaint and evidences therein to be true, the court find no prima facie offence being made out against the accused persons, the High Court is free to quash the proceeding u/s 482 of Cr.P.C. So considering the entire facts and circumstances of this case and considering the materials on record, there are merits to entertain the criminal revision - impugned Order passed by the Learned Magister is hereby set aside - revision allowed.
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