2022 (4) TMI 125 - HC - Indian Laws

Dishonor of Cheque - breach of trust - cheating the complainant by manipulating the complainant s cheque by way of inserting huge amount in the blank cheque - HELD THAT - This court is of the opinion that the further continuance of the proceedings, as such, would be an abuse of the process of the court thereby calling for interference. Revision application allowed.

Summary

Issues:
Challenge to proceedings under Sections 420/406/34 of IPC - Maintainability of proceedings in light of previous case under Sections 138/141 of Negotiable Instruments Act.

Analysis:
The case involved a revisional application challenging proceedings arising from a complaint case under Sections 420/406/34 of the Indian Penal Code pending before the Judicial Magistrate in Malda. The complainant, the proprietor of a trading company, alleged that the accused, associated with a supplier, breached trust and cheated by manipulating a blank cheque. The Judicial Magistrate issued process against the petitioners based on the complaint. The petitioners argued that the Malda case was a counterblast to proceedings under the Negotiable Instruments Act and was not maintainable. The complainant's advocate opposed this, stating that the allegations warranted a trial, and interfering at an early stage would deprive the complainant of presenting evidence.

The court referred to legal precedents, including the Supreme Court cases of Sunil Kumar vs. Escorts Yamaha Motors Ltd. and Mahindra & Mahindra Financial Services Limited, emphasizing that continuing the proceedings would amount to an abuse of court process. Citing these precedents, the court concluded that the proceedings under Sections 420/406/34 of the IPC should be quashed. Therefore, the revisional application was allowed, and all related pending applications were disposed of. The interim order was made absolute, and parties were directed to act as per the official website copy of the order.