TMI Blog2021 (2) TMI 1238X X X X Extracts X X X X X X X X Extracts X X X X ..... a clear admission on the part of the respondent to the effect that as per the agreement between the parties, it was the practise of issuing blank cheques, whenever, goods are delivered on credit basis. When cash is paid towards the delivery of the goods, it will be accounted. Along with the complaint, account statement issued by the petitioner is also filed. Perusal of the accounts statement shows that whenever, there was supply of goods on credit basis, the respondent used to send cheque, which according to him, signed blank cheque and whenever, amount is paid, it was given credit. As per the statement of accounts, it is seen that as on 30.09.2011, the closing balance is ₹ 7,12,663/- - According to the respondent, the two cheques were already given discharge and accounted. But, later, they have been forged and presented for encashment. So, according to him, forgery and other offences are clearly made out. Criminal Original Petition is allowed. - Crl.O.P.(MD)No.5201 of 2017 And Crl.MP(MD)No.3670 of 2017 - - - Dated:- 22-2-2021 - Hon'ble Mr Justice G.Ilangovan For the Petitioner : Mr.M.Prabhakaran for Mr.T.Antony Arul Raj For the Respondent : Mr.N.Vijayar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner. 4. Even though this court should not to take into the factual aspects while deciding the petition filed under section 482 criminal procedure code, facts narrated in the complaint filed by the respondent, must also be taken into account, for the purpose of deciding the dispute. 5. The fact that the respondent and the petitioner were engaged in business transaction by which the respondent was acting as a dealer for the selling the sewing machines is not denied and disputed. It is also not denied that for the purpose of the transaction credit facility was extended to the respondent by the petitioner. 6. As per the documents produced by the respondent before the trial court it is seen that notice was issued by the respondent in reply to the notice issued by the petitioner over the dishonour of the disputed cheques. In reply it has been categorically admitted by the respondent to the effect that as per the agreement, the respondent used to issue blank signed cheques in favour of the petitioner whenever the goods were supplied to him on credit basis. When the amount is paid it would be accounted. So according to the respondent this practice was going on between the parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 SCC 330 enumerated the steps required to be followed by the High Court before invoking jurisdiction under Section 482 of Cr.P.C. The steps are as follows:- 7......................... 30.1.Step one: whether the material relied upon by the accused is sound, reasonable, and indubitable i.e. the material is of sterling and impeccable quality? 30.2.Step two: Whether the material relied upon by the accused would rule out the assertions contained in the charges levelled against the accused I.e the material is sufficient to reject and overrule the factual assertions contained in the complaint i.e the material is such as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false? 30.3.Step Three: Whether the material relied upon by the accused has not been refuted by the prosecution/complainant; and/or the material is such that it cannot be justifiably refuted by the prosecution/complainant? 30.4.Step four: whether proceeding with the trial would result in an abuse of process of the Court, and would not serve the ends of justice? 30.5. If the answer to all the steps is in the affirmative, the jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmitted subsequent to the filing of the same into the Court or subsequent to the document tendered in evidence. So, in the facts and circumstances of the case, the bar under Section 195 (1) (b) (ii) of the Cr.P.C is not attracted. So, this argument is not available to the petitioner. 14. From the analysis of the facts and circumstances of the case, it is clearly seen that the respondent did not take any action either for giving a police complaint or for filing a private complaint, soon after, the receipt of notice of demand issued by the petitioner inrespect of those two disputed cheques. Moreover, he has also suffered an award in the arbitration proceedings in respect of these two disputed cheques. On 14.08.2014, wherein, the respondent remained exparte inspite of several opportunities given to the respondent. But, he did not participate in the arbitration proceedings. So, even after that, he did not take any action for filing complaint or information to the police. The present prosecution was initiated, only in the year of 2015. The reason for the long delay is also not clearly stated by the respondent in the complaint. 15. In respect of disputed cheques, there is a clear a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esentative and decide about the actual due amount from my client. 8.My client requests your client that your client may sit with my client and sort out the issues involved inclusive of non replacement of the defective machines and thereby arrived at account details smoothly. If after considering the above materials, if any amount is found payable due from my client to your client, my client is prepared to pay the same if your client is willing to grant a time of two years for the payment of the entire arrears found in accordance with the account settling arraignment between my client and your client as stated in the notice. 18. Having admitted those things, the present criminal prosecution is launched. In the facts and circumstances of the case, I am of the considered view that it is nothing, but, clear abuse of process of the Court. As made as one of the grounds for which, the criminal complaint can be quashed as per the judgment of the Hon'ble Supreme Court in State of Haryana Vs Bajanlal 1992 SCC Crl 426. 19. In the result, complaint filed by the respondent against the petitioner in C.C.No.73 of 2017, on the file of the learned Judicial Magistrate No.I, Thiruc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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