2020 (1) TMI 386

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.... Mishra, R. Mishra, D.Sahoo, A. Mishra. ORDER Dr. A. K. Mishra, J. This is a proceeding under section 482 Cr.P.C. to quash the cognizance order dated 2.12.2016 in 1CC No.5534 of 2016 pending in the Court of JMFC, Bhubaneswar. 2. Heard learned counsel for the petitioner and the learned counsel for opposite party. 3. The opposite party has filed complaint bearing I.C.C. No.5534 of 201....

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....nt accepted to receive one cheque amounting Rs. 5,00,000/-(Rupees Five lacs only) vide cheque No.1003237 dt. 15.12.2016. That, the complainant had received one cheque bearing cheque No.1003236 for Rs. 5,00,000/- on dt.15.9.2016 drawn in Union Bank of India, Patia Branch, Bhubaneswar issued in favour of complainant. The complainant deposited the said cheque with his Banker, Indusind Bank L....

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.... He further states that when no sale transaction has been made, the cheque presented in the bank could not be said to be towards payment of any consideration. 6. Learned counsel for opposite party repelled the above contention, stating that, there was a talk for sale of land and once cheque has been issued onus lies upon the petitioner to rebut the presumption under section 139 of the Negotiabl....

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.... that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both." 8. In the dec....