9911796707
TMI Blog2007 (12) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... aving worked for three months, respondent left the service of the company and thereby caused loss to the appellant. As such, complaint came to be filed by the appellant stating that by virtue of the agreement when the cheque had been issued it becomes enforceable debt. As against it, the trial Court, after enquiry, dismissed the complaint on the ground that there is a contract between the parties and there is a breach of contract and although, the cheque was issued for ₹ 2 lakhs by way of damages, it is purely a civil transaction and as such, the accused is not guilty of the offence alleged and accordingly, has acquitted him. 4. Along with this appeal an application for special leave is also tiled. On perusal of the order of the tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed by the complainant It is his specific contention that violating the human rights he has been exploited and he had been removed from the service; the cheque was obtained under coercion and that he has not voluntarily given the cheque; the date and other contents in the cheque are being forged by the complainant except the signature. Accordingly, it is contended that he is not liable to pay the cheque amount Further according to him the cheque so collected by him is not towards any liability by way of debt and it was given only as a matter of security; even the complainant had obtained the award in conciliation, as such, the complaint is not maintainable since simultaneously two proceedings cannot be initiated against the same person. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the initial presumption in favour of the complainant unless the contrary is proved. In the instant case the initial presumption has been rebutted by the probable defense taken by the respondent stating that although there was an agreement entered into, there is no such violation of the contract of employment, since the complainant had transferred him from Bangalore to Mumbai which has worked out hardship to him, the said contingency has made him to return back from Mumbai to Bangalore as he was hardly paid ₹ 5,000/- and it was not even sufficient to meet out his day to day expenses. 11. The very transaction and the issuance of cheque was only in respect of the contract employment and as seen even it is not a straight case of breac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s obtained under coercion, necessarily an enquiry has to be held to ascertain as to whether the cheque had been issued by the respondent voluntarily out of his own volition or it was obtained under coercion. It is also seen that within a short time the respondent had been transferred by the complainant from Bangalore to Mumbai and mat the respondent has returned back from Mumbai expressing his genuine difficulties. Hence, it is purely a matter of civil transaction which the Civil Court has to adjudicate and ascertain as to whether there is a breach of contract or there is any violation of conditions of the agreement and whether the very conduct of the complainant is without any blemish, in a separate enquiry to be held if need be. When the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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