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2022 (7) TMI 303 - CALCUTTA HIGH COURTDishonor of Cheque - dishonor because of mismatch of the drawer’s signature - adding colour of criminality to an issue which involves partial non-performance of business obligations - parallel proceedings for offence punishable under Section 420 of the Indian Penal Code can be initiated alongwith Proceedings under Negotiable Instruments Act or not? - HELD THAT:- It is now well-settled that in case of offence relating to dishonour of cheque, there is no bar to proceed simultaneously under Section 138 of the Negotiable Instruments Act as well as under Section 420 of the Indian Penal Code. It is to be mentioned that the drawer of the cheque will have to take abundant precaution while issuing the cheque, so that the cheque should be honoured and contracted obligations are fulfilled. If the drawer intentionally tampers with the cheque, the cheque with difference in signature, will be definitely returned. In the present case even after service of statutory notice, the amount involved in the cheque are not paid by the petitioner. In such circumstances, petitioner will have to explain that tampering of cheque if any, was not made with any oblique motive. The mens rea behind issuing such cheque will have to be determined based on the material to be collected during the course of trial - it is for the accused to explain as to how the cheque in question which pertained to his account bearing his incomplete signature reached in the possession of the complainant. Fair trial includes fair and proper opportunities allowed by law to prove innocence of the petitioner. As the materials available so far discloses prima facie offence against the present petitioner, it would not be proper to quash the proceeding at its threshold exercising power under Section 482 of the Code. Application dismissed.
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