High Court Quashes Criminal Proceedings in Cheque Bounce Case Due to Lack of Legally Enforceable Debt and Malicious Prosecution.

The High Court quashed criminal proceedings in a cheque bounce case, citing the absence of a legally enforceable debt and malicious prosecution. The court found that for an offence under Section 138 of the Negotiable Instruments Act, the dishonoured cheque must represent a legally enforceable debt at issuance and maturity. As part payment was already made, the complaint under Section 138 was deemed invalid. The complainant's concealment of a lawyer-client relationship and the malicious nature of the prosecution led the court to invoke its inherent powers under Section 482 CrPC, quashing the proceedings to prevent abuse of legal process and mental trauma. .....

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