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2021 (8) TMI 821 - MADHYA PRADESH HIGH COURTDishonor of Cheque - the applicant has issued the cheque of his father under own signatures - only defence of the applicant is that the cheque does not belong to him - Section 138 of Negotiable Instrument Act - HELD THAT:- The bank account is of the father of the applicant. Therefore, it is clear that the applicant had an access to the cheque book, which was issued by the bank in favour of his father. The case of the respondent is that there was a transaction of ₹ 7,00,000/- between the respondent and the applicant and in lieu of that, disputed cheque was issued. For the purposes adjudicating this application filed under Section 482 of Cr.P.C. this Court is of prima facie opinion that the applicant tried to cheat the respondent by issuing a cheque of his father. The fact is that the bank account as well as cheque book belongs to the father of the applicant and the applicant had access to the same. In absence of any challenge to signatures of the applicant on the disputed cheque, this Court is of the considered opinion that at present it cannot be said that the applicant is not liable to be prosecuted under Section 138 of the N.I.Act. In the light of misleading stand taken by the applicant as well as in the light of the fact that prima facie, the applicant has issued the cheque of his father under own signatures, it is clear that he has also tried to cheat the respondent. By allowing the revision and remanding the matter back, the Revisional Court had committed a mistake by directing the Trial Court to consider the question of issuance of summons after taking note of the defence of the applicant - Application dismissed.
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