TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the criminal proceedings arising from the FIR and charge-sheet disclosed any prima facie offence of cheating and forgery, or whether the prosecution was liable to be quashed as an abuse of process of law.
Analysis: The allegations rested mainly on the alleged alteration of dates in revenue-record copies and the filing of civil suits with supporting affidavits. The Court found that, even assuming the dates had been altered, the prosecution failed to show any dishonest or fraudulent intent or any legal advantage to the appellant. The alleged change did not make out the ingredients of cheating, forgery, forgery for the purpose of cheating, or use of a forged document as genuine. The Court further held that the criminal case was launched in the midst of bitter civil disputes and was manifestly attended with mala fides and vengeance, falling within the categories warranting quashing.
Conclusion: The proceedings did not disclose a cognizable criminal offence against the appellant and were an abuse of the process of law.
Final Conclusion: The impugned order was set aside and the prosecution in the criminal case was quashed.
Ratio Decidendi: A prosecution for forgery or cheating cannot be sustained where the alleged alteration does not show dishonest or fraudulent intent, does not confer any unlawful gain or cause legal injury, and the criminal action is demonstrably instituted to settle private civil scores.
TaxTMI 
TaxTMI 
