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2016 (7) TMI 622 - SUPREME COURT

2016 (7) TMI 622 - SUPREME COURT - TMI - Dishonour of cheques - proceedings were initiated under the Negotiable Instrument Act - Counter complaint was filing against the complainant u/s 411 read with Section 120 (B) of the Indian Penal Code, 1860 - Held that:- As the dispute between the parties is purely of civil nature and the complaint filed by the respondent No.2 is an attempt to avoid obligation arising out of dishonour of cheques issued by the complainant. We, however, do not express any fi .....

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aint case filed by the respondent No.2. - Petition(s) for Special Leave to Appeal (Crl.) No(s). 6315/2014 - Dated:- 4-7-2016 - MR. V. GOPALA GOWDA AND MR. ADARSH KUMAR GOEL, JJ For Petitioner(s) Mr. V. Prabhakar, Adv., Ms. Jyoti Prashar, Adv. And Mr. Pramit Saxena,Adv. For Respondent(s) Mr. Ratnakar Dash, Sr. Adv., Mr. Abhisth Kumar,Adv., Mr.Manoj Kumar, Adv. And Mr. Mukul Kumar,Adv. ORDER Leave granted. 2. This appeal has been preferred against the order dated 13.02.2014 passed by the High Cour .....

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4. The case set out in the complaint is that the complainant was dealing in sale of products of the accused-company. The complainant was appointed as a distributor and later, consignment and forwarding agent. The complainant was to be paid commission under the agreement entered into between the parties. The accused-company stopped supply of the material without terminating the agreement. A settlement was reached as a result of which the complainant issued two cheques bearing Nos. 98426 and 9842 .....

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sed-company under the agreement dated 03.10.2006 and had, under a written agreement, acknowledged its liability to the appellants for which cheques in question were issued in favour of the accused-company. On dishonour of the said cheques, complaints under Section 138 of the Negotiable Instruments Act, 1881 were filed against the complainant, which were pending. As a counter blast, the impugned complaint was filed which was absurd. 6. It was further stated that the the complainant filed Transfer .....

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complaint was clearly abuse of process of the court on account of past proceedings pending between the parties. 7. The High Court disposed of the petition with the following operative part of the order: …If contention of the applicants is correct then the impugned complaint is not maintainable, however, these aspects required to be examined on the basis of evidence adduced by the parties, concerned, at appropriate stage. 8. We have heard learned counsel for the parties. Learned counsel f .....

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