https://www.taxtmi.com/caselaws?id=396495 A complaint filed as a counterblast to prior proceedings under Section 138 of the Negotiable Instruments Act, based on the same cheques and substantially the same facts, was treated as an abuse of process. The court noted that the complainant knew of the dishonour before filing the complaint and that the allegations merely repeated the defence already raised in the cheque dishonour case, which had been rejected by the trial and appellate courts. On that basis, the cognizance order and summoning order were held unsustainable and the criminal proceeding was quashed. en-us Mon, 29 Jun 2020 00:00:00 +0530 Wed, 08 Jul 2020 11:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=396495 A complaint filed as a counterblast to prior proceedings under Section 138 of the Negotiable Instruments Act, based on the same cheques and substantially the same facts, was treated as an abuse of process. The court noted that the complainant knew of the dishonour before filing the complaint and that the allegations merely repeated the defence already raised in the cheque dishonour case, which had been rejected by the trial and appellate courts. On that basis, the cognizance order and summoning order were held unsustainable and the criminal proceeding was quashed. Case-Laws Indian Laws Mon, 29 Jun 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=396495