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2022 (2) TMI 539 - HC - Indian LawsDishonor of Cheque - multiplicity of/parallel proceedings - 1st respondent had proceeded against the petitioner-accused under Section 138 of the NI Act as well as filed a private complaint for the offences under Sections 406, 420 and 506 IPC - contention of the learned counsel for the petitioner was that when the acts alleged attract an offence under a special enactment, the question of the same facts attracting the penal provisions under IPC would not arise - HELD THAT:- The 1st respondent had initiated prosecution against the petitioner-accused under Section 138 of the NI Act apart from filing the private complaint for the alleged offences under Sections 406, 420 and 506 IPC and the facts prima facie would disclose that the petitioner-accused had an intention to deceive since inception of the transaction as he had received goods but failed to pay the amounts and went on issuing cheques without retaining sufficient amount in his account, which shows that he had an intention to cheat the 1st respondent since inception. The businesses are conducted on trust but the petitioner failed to maintain the trust and committed breach without payment of money after receiving the goods. He also closed the business and kept himself absconding in the case under Section 138 NI Act due to which LPC proceedings were initiated against him. As it is not only a simple case of failure to repay the value of the goods but also shows his dishonest intention to deceive the 1st respondent not to pay the money after receiving the property and caused wrongful loss to the 1st respondent and wrongful gain to himself, it is considered not a fit case to quash the proceedings. The Criminal Petition is dismissed.
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