https://www.taxtmi.com/caselaws?id=350281 Criminal proceedings lodged as a retaliatory counterblast to pending cheque dishonour action under the Negotiable Instruments Act may be quashed under the inherent jurisdiction of the HC when the material shows mala fides and ulterior motive. Applying the settled principles for quashing and the Bhajan Lal category relating to maliciously instituted proceedings, the Court treated the FIR as an abuse of process because it followed notice in the Section 138 proceedings and arose out of prior commercial dealings. The dispute over the business name was treated as a defence issue in the cheque cases, not a proper foundation for criminal prosecution, and the FIR was quashed. en-us Wed, 01 Nov 2017 00:00:00 +0530 Fri, 03 Nov 2017 10:12:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=350281 Criminal proceedings lodged as a retaliatory counterblast to pending cheque dishonour action under the Negotiable Instruments Act may be quashed under the inherent jurisdiction of the HC when the material shows mala fides and ulterior motive. Applying the settled principles for quashing and the Bhajan Lal category relating to maliciously instituted proceedings, the Court treated the FIR as an abuse of process because it followed notice in the Section 138 proceedings and arose out of prior commercial dealings. The dispute over the business name was treated as a defence issue in the cheque cases, not a proper foundation for criminal prosecution, and the FIR was quashed. Case-Laws Indian Laws Wed, 01 Nov 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=350281