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2018 (10) TMI 409 - HC - Indian LawsDishonor of Cheque - Section 138 of Negotiable Instruments Act - it is submitted by the Counsel for the respondent that the applicants knew the fact that there is no sufficient amount in the bank account, but still with an intention to cheat the complainant, the cheque in question was issued, and further by making false promise of making the payment, they kept the complainant in dark - Whether the dispute would be predominantly of civil in nature or it also involves the ingredients of criminal intent? Held that:- It is well established principle of law that where the dispute is predominantly of civil in nature, then the same cannot be given the colour of criminal case. This Court is of the considered opinion, that the complaint filed by the complainant, lacks the basic allegation of dishonest intention on the part of the applicants, right from the very inception of the agreement and secondly, even if the entire allegations are accepted, then it would give rise to a civil dispute and the same cannot be allowed to be converted into a criminal case and admittedly, the complainant has already filed a civil suit against the applicants before a Court of competent jurisdiction, which is pending. The criminal complaint filed by the complainant against the applicants is hereby quashed and the applicants are discharged. Application allowed.
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