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2022 (4) TMI 1201 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - rebuttal of presumption - in the complaint filed u/s 138 of NI Act, the evidence of petitioner is concluded as well as right to cross-examination of respondent has already been struck off and defence has already been closed - Sections 138 and 139 of NI Act - HELD THAT:- It appears that the complaint was filed by respondent in the year 2016 and cognizance has been taken by Magistrate concerned vide order dated 13-11-2021 i.e. after five years. Respondent did not properly pursue the matter and statements of respondent as well as his witnesses were recorded u/Ss 200 and 202 of CrPC in the year 2021 and the JMFC concerned vide order dated 13/11/2021 has taken cognizance for offence under Sections 420, 468, 469 and 471 of IPC against petitioner. It is also apparent from the record that the allegation made by respondent is with regard to theft of his cheque which is the subject-matter of complaint registered u/s 138 of NI Act by petitioner. Aforesaid modus operandi on the part of respondent reflects clear mala fide to escape from the liability of issuance of cheque by him and it is a clear abuse of process of Court and same could not be sustained in the eyes of law. Therefore, the order of taking cognizance passed by Court of JMFC is perverse and same deserves to be quashed. Petition disposed off.
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