Dear Experts,
The complainant had filed a 138 NI case against client for Rs. 10 Lacs transaction in one court in the year 2008. The check bounce was related to one check of Rs. 5 Lacs. The case was registered and the client was acquited on 26.12.2011 due to categorical evidence by the complainant of being a money lender and not having a license.
In the month of February 2011 he filed a 138 NI case in a different court against the client for the same transaction and another cheque for the same amount. In the complaint he mentions the pendency of the first case. the client recieved summons notice in June 2012. Hence client attended and collected papers to prove that it is the same transaction.
Should I go for quash in high court any relevant citations will help. He has also filed appeal in the sessions court and it is pending for the first case. what should be the best next step?
