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2020 (1) TMI 1535 - SC - Indian LawsDishonor of Cheque - validity of sale deed - deposit of first cheque under threat and coercion - Section 482 of the Code of Criminal Procedure - HELD THAT - One of the striking features of the matter is that on the day when the Sale Deed was executed, not a single paisa was actually received by way of consideration. Three post-dated cheques were handed over to the Appellant and one of those three cheques was deposited in the bank for encashment on the next date. It is a matter of record that subsequent cheques were not even sought to be encashed and the Appellant showed his willingness to deposit even the sum of ₹ 15 lakhs received by encashment of first cheque. Further, neither the conveyance deed was preceded by any agreement of sale nor any advertisement was issued by the Appellant showing his inclination to dispose of the property in question. It is true that civil proceedings have been subsequently initiated to get the registered Sale Deed set-aside but that has nothing to do with the present criminal proceedings - It is thus well-settled that in certain cases the very same set of facts may give rise to remedies in civil as well as in criminal proceedings and even if a civil remedy is availed by a party, he is not precluded from setting in motion the proceedings in criminal law. There are no hesitation in concluding that the High Court erred in quashing the criminal proceedings - appeal allowed - decided in favor of appellant.
Issues:
Challenge to final judgment and order of High Court quashing criminal proceedings under Section 482 of the Code of Criminal Procedure. Analysis: The Appellant initiated criminal proceedings alleging abduction and coercion leading to the execution of a Sale Deed without consideration but with post-dated cheques. The High Court quashed the criminal proceedings, stating that if the Sale Deed was invalid, the Appellant should seek relief through a Civil Suit. The Appellant argued that despite civil proceedings, criminal proceedings can also be initiated. The Supreme Court referred to previous judgments emphasizing that civil and criminal remedies can coexist for the same set of facts. The Court highlighted the distinction between civil and criminal law, stating that the purpose of criminal law is to punish offenders, while civil law aims to provide remedies. The Supreme Court noted that no consideration was received during the execution of the Sale Deed, and subsequent cheques were not encashed by the Appellant. The Court emphasized that the absence of an agreement of sale or property advertisement raised doubts about the transaction's legitimacy. The Court reiterated that the initiation of civil proceedings does not preclude the commencement of criminal proceedings. Referring to previous cases, the Court emphasized that the nature of the transaction and the intentions of the parties are crucial in determining the existence of criminal offenses. The Court referred to various judgments, including those in Pratibha Rani v. Suraj Kumar, Rajesh Bajaj v. State NCT of Delhi, and Kamladevi Agarwal v. State of West Bengal, highlighting that criminal prosecution should not be hindered by pending civil proceedings. The Court emphasized that quashing criminal proceedings should be limited to extreme exceptions and that the pendency of a civil suit does not justify halting criminal proceedings. The Supreme Court concluded that the High Court erred in quashing the criminal proceedings and directed that the case proceed to a logical conclusion in accordance with the law, without expressing any opinion on the case's merits. In line with the principles outlined in previous judgments, the Supreme Court allowed the appeal, overturned the High Court's decision, and instructed that the criminal proceedings continue as per legal procedures. The Court clarified that its decision did not imply any judgment on the case's merits, which would be examined at each stage of the legal process.
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