2019 (7) TMI 1836

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..... eeking to quash the proceedings in C.C.No.5476 of 2016, pending on the file of the Fast Track Court III Magistrate Level, Saidapet, Chennai. 2. The respondent has filed the complaint against the petitioner for an offence under Section 138 of the Negotiable Instrument Act. On reading of the allegations made in the complaint, it is seen that the cheque has been returned with an endorsement "05 - Ki .....

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..... r, an abuse of process of Court and the same requires interference of this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. 4. The respondent has been served with notice and the respondent does not appear either in person or through counsel. The name of the respondent has also been printed in the cause list. Therfore, this Court proceeds to deal with this case on merits. 5. The .....

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..... sent case, the concerned bank has not returned the cheque on the ground of defect. It has been returned by directing the respondent to contact a concerned bank and present it again. In short, this endorsement cannot be held to be dishonour of cheque. In the considered view of this Court, the respondent without complying with the requirements of the bank, ought not to have proceeded to file a compl .....

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