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2020 (11) TMI 836 - HC - Indian LawsDishonor of Cheque - petitioner submitted that, after the institution of the complaint the complainant has paid the entire cheque amount and has collected back the cheque in question, as such, the private complaint filed by him, does not survive - maintainability of complaint - HELD THAT:- When the complaint lodged by the respondent herein is verified, the respondent as a complainant, has narrated the very same alleged facts in his complaint and contended that the accused only with an intention to harass him and for putting him to some difficulty, had secured a withdrawal slip which was unconnected with his Bank account and by forging his signature had filled the cheque for a huge amount by themselves and presented it for its realisation. If the argument of the learned counsel for the petitioner that the learned Magistrate ought not to have taken cognizance in the absence of production of the said cheque by the complainant is verified, the only answer that comes is, in the absence of any material to show that the complainant had paid the cheque amount to the accused and collected the said cheque back, as contended by the learned counsel for the petitioner, it cannot be expected that the complainant was required to produce the alleged cheque along with his complaint in the Court below - the continued argument of the learned counsel for the petitioner that the non-initiating of any criminal case against the present complainant for the offence punishable under Section 138 of N.I.Act, itself would prove that the cheque was returned to the complainant, also is not acceptable, for the reason that, in the light of Annexures-A & B and the contents of the complaint at this stage and prima facie, it can be inferred that the accused after giving the reply as per Annexure-B realised that the complainant has given a suitable reply to that notice and he may initiate a legal action against them have now come up with the said defence that the cheque amount of ₹ 25,00,000/- has been paid to them in cash and the cheque has been collected back by the present complainant (respondent). Maintainability of complaint - HELD THAT:- The argument of the learned counsel for the petitioner that, when the Banker has stated that the said cheque was not issued to the complainant, the present complainant/ respondent cannot initiate the present complaint, as such, the present complaint is not maintainable, is also not acceptable, for the simple reason that, when the accused through their legal notice at Annexure-A have alleged that the complainant had issued a cheque for a sum of ₹ 25,00,000/- to them and the same got dishonoured, then the complainant who has taken a defence that the cheque has got nothing to do with him and his signature in the alleged cheque has been forged, gets every right to prosecute the alleged payee in the cheque, in accordance with law - the contention of the learned counsel for the petitioner that the complaint is not maintainable is also not acceptable. There are no reason to hold that there is any possibility of the abuse of process of law or any grave injustice being caused to the present petitioner - petition dismissed.
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