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TMI Blog2016 (7) TMI 622X X X X Extracts X X X X X X X X Extracts X X X X ..... t filed by the complainant is clearly misconceived and is abuse of process of the Court. The High Court has not considered the merits of the contentions raised in the petition for quashing as noticed from the operative part of the order of the High Court.We, accordingly, allow this appeal and quash the proceedings in the complaint case filed by the respondent No.2. - Petition(s) for Special Leave to Appeal (Crl.) No(s). 6315/2014 - - - Dated:- 4-7-2016 - MR. V. GOPALA GOWDA AND MR. ADARSH KUMAR GOEL, JJ For Petitioner(s) Mr. V. Prabhakar, Adv., Ms. Jyoti Prashar, Adv. And Mr. Pramit Saxena,Adv. For Respondent(s) Mr. Ratnakar Dash, Sr. Adv., Mr. Abhisth Kumar,Adv., Mr.Manoj Kumar, Adv. And Mr. Mukul Kumar,Adv. ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss of the court and was liable to be quashed. It was submitted that the complainant, admittedly, was an agent of the accused-company under the agreement dated 03.10.2006 and had, under a written agreement, acknowledged its liability to the appellants for which cheques in question were issued in favour of the accused-company. On dishonour of the said cheques, complaints under Section 138 of the Negotiable Instruments Act, 1881 were filed against the complainant, which were pending. As a counter blast, the impugned complaint was filed which was absurd. 6. It was further stated that the the complainant filed Transfer Petition (Criminal) Nos.360-361 of 2011 in this Court for transfer of the said complaints filed by the appellants from the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal) No.360-361 of 2011 and Transfer Petition (Civil) No.389 of 2012 and other documents to which reference is not necessary. 10. The above facts have not been disputed in the counter affidavit filed in this Court. In fact, in the complaint itself the above facts are substantially acknowledged. 11. When the appeal came up for hearing on 25.08.2014 while issuing notice, further proceedings in the complaint case were stayed. 12. The above resume of facts makes it clear that the dispute between the parties is purely of civil nature and the complaint filed by the respondent No.2 is an attempt to avoid obligation arising out of dishonour of cheques issued by the complainant. We, however, do not express any final opinion about the merits ..... X X X X Extracts X X X X X X X X Extracts X X X X
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