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2018 (8) TMI 1236 - HC - Indian LawsRevisional jurisdiction - inherent power and jurisdiction under Section 482 of the Code of the Criminal Procedure, 1973 - validity of continuation of the proceedings before the trial court - Held that:- The petition at hand is a classic illustration of an accused in a matter involving offence under Section 138 of the Negotiable Instruments Act, 1881 making the complainant (drawee of the cheque) dance around, for years on end (now seven years), taking not only him (the complainant) but also the courts for a ride - The conduct of the petitioner in issuing a postdated cheque (pursuant to a settlement) that failed upon presentation is not one that would “enhance the credibility” of cheque transactions. The complainant, in the hope of realization of its dues, continued to agree to enlargement of time. Some more money was paid, in bits and pieces, by installments, to some extent, over a prolonged period. In a case of this nature, it is naturally the expectation of the complainant (the creditor) that his entire dues would be settled, and this would include not only the principal amount represented by the cheques but also the interest that would have accrued thereupon. On account of prolonged proceedings, the liability of the accused has only increased. Petition dismissed with costs of Rupees two lakhs.
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