Court quashes criminal proceedings due to abuse of process of law

The court quashed the criminal proceedings under Section 482 Cr.P.C. in a case involving a complaint under Section 138 r/w 142 of the Negotiable Instruments Act. The court found that the complaint against the petitioner was an abuse of process of law, noting discrepancies in the respondent's allegations and lack of specific denial regarding the ownership of the cheque. Consequently, the court allowed the Criminal Original Petition, thereby quashing the proceedings against the petitioner in C.C. No. 135 of 2018.

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Issues:
1. Quashing of criminal proceedings under Section 482 Cr.P.C. in a case involving a complaint under Section 138 r/w 142 of the Negotiable Instruments Act.

Analysis:
The petitioner filed a Criminal Original Petition seeking to quash the proceedings in C.C. No. 135 of 2018, which was a complaint under Section 138 r/w 142 of the Negotiable Instruments Act. The respondent alleged that the petitioner borrowed money and issued a cheque as security, which was later dishonored. The petitioner contended that the cheque belonged to her husband and denied any involvement. The respondent argued that the issue of signature mismatch and cheating should be decided at trial, citing relevant legal precedents.

The petitioner claimed that the cheque did not belong to her and that the respondent had stolen it, leading to the dispute. The respondent maintained that the petitioner's intent to cheat could only be determined during trial, not at the quashing stage. The court referred to a Supreme Court judgment emphasizing that only the drawer of the cheque could be prosecuted under Section 138 of the Negotiable Instruments Act, highlighting the need for the cheque to be drawn on an account maintained by the signatory for liability.

The court analyzed the facts and legal principles, concluding that the complaint against the petitioner was an abuse of process of law. It noted discrepancies in the respondent's allegations and the lack of specific denial in response to the petitioner's claims regarding the ownership of the cheque. Consequently, the court allowed the Criminal Original Petition, quashing the proceedings against the petitioner in C.C. No. 135 of 2018.

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