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Criminal Miscellaneous No. 202‑Q of 1978, decided on 13th Match, 1978.
‑‑ S. 561‑A‑Quashment of proceedings ‑ Petitioner's post‑dated cheque dishonoured by Bank‑Offence under S. 420, P. P. C., held, prima facie made out‑Quashment of proceedings declined‑Penal Code (XLV of 1860), S. 420.
A S. M. Nazim for Petitioner.
Date of hearing : 13th March, 1978.
According to the complainant, the petitioner bad issued a post‑dated cheque on 5th September, 1977, for Rs. 10,000, which was to be presented for payment on 20th September, 1977. The cheque was duly presented to the Muslim Commercial Bank on 27th September, 1977, but it was dishonoured. The complaint was, accordingly, filed against the petitioner on 27th October, 1977 and process issued against the petitioner by the learned Magistrate, do 17th November, 1977. From the contents A of the complaint, it is quite clear that the petitioner had issued a post‑dated cheque, which was dishonoured when presented. Prima facie offence under section 420, P. P. C. was made out. 1t is not a fit case for quashing the proceedings.
Petition dismissed.
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