2022 (4) TMI 358

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....avindra Agrawal, Adv ORDER Heard. 1. This petition has been filed under Section 482 of Cr.P.C. for quashing the Complaint Case No. 230/2021 pending before Judicial Magistrate First Class, Bilaspur for the offence punishable under Section 138 of Negotiable Instrument Act. 2. Brief facts of the case are that the respondent filed a complaint against the petitioner for dishonour of cheque ....

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....riminal Procedure Code on the ground that on the same set of transaction the accused has instituted a complaint under Section 35 of Consumer Protection Act for recovery of damages of Rs. 7,16,213/-, Rs. 1,00,000/- as mental agony and Rs. 10,000/- as advocate expenses against the complainant/respondent before the Court of Consumer Dispute Redressal Commission, Jashpur, wherein the said case is list....

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....aintainable under Section 138 and 139 of Negotiable Instrument Act and the petitioner has admitted the issuance of cheque, therefore, the petition is liable to be dismissed. He has placed reliance upon the decisions of Hon'ble Supreme Court in the matters of Sampelly Satyanarayana Rao Vs. Indian Renewable Energy Development Agency Limited (2016) 10 SCC 458, Rohitbhai Jivanlal Patel Vs. State o....

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....rt on the ground that his complaint under Section 35 of Consumer Protection Act is pending before the competent Authority, therefore, this petition is not maintainable. 7. Hon'ble the Apex Court while dealt in the matter of Sripati Singh (Supra) has held in para 23 which reads thus:- "23. These aspects would prima-facie indicate that there was a transaction between the parties towa....