Legal Question in Criminal Law in India

us 422 ipc for preventing handing over draft deposited in court

First case 2850/- for six cheques on 20.05.2005 and second for rs. 1900/- for four cheques of rs. 475/- each on 26.08.2005 both the cases are under two different courts in same city u/s 138 NI Act was lodged in 2004. in Ist case After delay tactics after the statement of accused u/s 313 crpc, at the time of accused’s defence u/s 315, a draft of Rs. 5000/- was deposited in court, complainant put an application for handing over the draft to him so that the interest should stop on this amount and the case should be decided on merit. In reply on 31.10.07 accused alleged that all 10 cheques were paid in cash upto 8/2005 without producing any receipt and accused is giving second time this amount to purchase peace, so until case is decided and 4 remaining cheques with complainnt were got given back to accused ,draft should not be handed over to complainant and knowing well that another case for four cheques is already against him pending in another court because summon of that case was personally served on him 1.06.07. My question is whether accused may be proceeded u/s 422 ipc for preventing the payment of draft. Any other extra remedy for his falsehood ?

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