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2016 (7) TMI 622 - SUPREME COURTDishonour of cheques - proceedings were initiated under the Negotiable Instrument Act - Counter complaint was filing against the complainant u/s 411 read with Section 120 (B) of the Indian Penal Code, 1860 - Held that:- As the dispute between the parties is purely of civil nature and the complaint filed by the respondent No.2 is an attempt to avoid obligation arising out of dishonour of cheques issued by the complainant. We, however, do not express any final opinion about the merits of the complaints filed by the appellants for dishonour of cheques which are said to be still pending. We are satisfied that the complaint filed by the complainant is clearly misconceived and is abuse of process of the Court. The High Court has not considered the merits of the contentions raised in the petition for quashing as noticed from the operative part of the order of the High Court.We, accordingly, allow this appeal and quash the proceedings in the complaint case filed by the respondent No.2.
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