2020 (11) TMI 888

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....si as well as the entire proceedings of Criminal Case No. 3307 of 2018 (Siya Ram vs Vijay Kumar), under section 138 of Negotiable Instrument Act, police station Prem Nagar, district Jhansi. It is submitted by the learned counsel for the applicant that the entire allegations against the applicant are false. It is also submitted by the learned counsel for the applicant that there is a business relations between the applicant and opposite party No.2. It is further submitted by the learned counsel for the applicant that the cheque in question was not issued against any existing debt or liability, but the same was given to opposite party No.2 only for the purpose of security. The opposite party No. 2 had misused the said cheque and falsely impl....

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....adbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. But it shall suffice to observe that perusal of the complaint, and also the material available on record make out a prima facie case against the accused at this stage and there appear to be sufficient ground for proceeding against the accused. I do not find any justification to quash the complaint or the summoning order or the proceedings against the applicant arising out of them as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing. The prayer ....

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....iod of one month from today through the representing counsel and move an application seeking compounding of offence through compromise. On such application being moved, the concerned court may take adequate steps in accordance with law in this regard and shall provide further opportunity to the accused which shall not exceed a maximum period of four months from today to make an endeavour in this direction. Thereafter, the court shall pass necessary orders specifically keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra) as also the latest amendment made in the Act in the year 2018 within a period of five months from today. If the decision of the Court given in the light of the application does not co....