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TMI Blog2022 (4) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... fence under the IPC, it would go to negate the very purpose for which the special law has been enacted. In such cases, experience is shown that the accused files an FIR against the complainant for offence under section 406, 420 or 379 of IPC for either theft or criminal breach of trust with regard to the cheques that have been entrusted to the complainant or for an outright act of cheating. It is a well settled principle of law that the general law will not prevail over the Special Law as enshrined in the maxim generalia specialibus non derogant. This Court takes great umbrage to the conduct of the senior counsel who has cast aspersions on the neutrality of the Court without adequate cause. However, the Court refuses to recuse itself and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnment Advocate And Shri Mrigendra Singh, Learned Senior Counsel With Ms.Guncha Rasool, Advocate ORDER The present petition has been filed by the petitioners herein for quash of Crime No.180/2013, which was registered at Police Station-Habibganj, Bhopal against them for an offence under section 420 of IPC simplicitor. 2. The contents of the FIR read thus:- I Smt. Sunita Singh am the daughter of late Vishwanath Singh, Villa Mohidpur, Gorakhpur, Uttar Pradesh. I live at the above-mentioned address. I have equal share in the property of my late father and in this respect my brother had given me some cheques after taking my signature on some paper. I deposited cheque no.100532 for 10 lakh, cheque no.100534 for 10 lakh and cheque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given. Thus, that part of the police statement is speculative and omnibus. She also does not say that any of the cheques from the said chequebook have been used by anyone on account of which she suffered a loss. The second set of allegations in the 161 statement is conspicuous by its absence in the FIR and appears to have been introduced in the police statement as an afterthought so as to implicate the petitioners for theft. 4. Learned counsel for the petitioners has submitted that the petitioner no.1 and the petitioner no.2 are related to each other. Father of the petitioner no.1 and the respondent no.2 had two wives. From the first wife, a son named Jai Prakash Singh (since deceased) was born. The second wife is Saraswati Singh, from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plainant who was suffered the loss on account of the dishonour of the cheques is also permitted to register an offence under the IPC, it would go to negate the very purpose for which the special law has been enacted. In such cases, experience is shown that the accused files an FIR against the complainant for offence under section 406, 420 or 379 of IPC for either theft or criminal breach of trust with regard to the cheques that have been entrusted to the complainant or for an outright act of cheating. It is a well settled principle of law that the general law will not prevail over the Special Law as enshrined in the maxim generalia specialibus non derogant. The Ld. Counsel for the respondent no.2 has argued that the share which the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t short by Mr. Mrigendra Singh before it could complete its observation that in the State of Madhya Pradesh, in comparison to other States, the situation is far better and the tendency of burking the crime rate is far lesser. The Senior Advocate in question is an Office Bearer of the Bar Council. If, I refer this case to the Bar Council, perhaps precious little will be done. However, that notwithstanding I still consider it essential to place this order before the Chairman of the Madhya Pradesh State Bar Council with a request to take the strictest possible action against the senior counsel for his intemperate and unpardonable conduct. The action taken will be a moment of truth, not just for the institutions of the Bar and the Bench, but to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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