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TMI Blog1937 (9) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... herent jurisdiction of this Court to pass any orders necessary to prevent abuse of the process of any Court is not questioned and indeed has been clearly expressed in Section 561-A of the Criminal Procedure Code. Since prevention is always better than cure, the obligation to prevent specious and spiteful criminal prosecutions for actions which, though strictly dishonourable, yet do not amount to c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #8377; 3,000. The firm refused him further credit and threatened to sue. him. On 23rd March, 1937, the petitioner gave the firm a post-dated cheque for ₹ 3,250 (dated 2nd April, 1937). He was not however afterwards allowed any further credit, and had to pay cash for everything. On 5th April, 1937, the firm presented the cheque at the Bank for encashment, but the cheque was dishonoured. Nothi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the complaint was filed to coerce, harass and humiliate him. This petition having been dismissed, the High Court has now been moved. 6. In my judgment the complaint in question does not on its face show that any criminal offence has been committed. In the offence of cheating (Section 415, Indian Penal Code) there are two elements--deception and dishonest inducement to do or omit to do somethin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mind, reputation or property which are presumed to be the four cardinal assets of humanity. The complaint does not even assert that such harm or damage was caused or was likely to be caused, and it is obvious from the circumstances that no such harm or damage was or could have been caused. A post-dated cheque in payment of goods already received is a mere promise to pay on a future date (see H.K. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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