https://www.taxtmi.com/caselaws?id=301578 A plaint seeking declaration, cancellation of cheques and injunction was held liable to rejection under Order 7 Rule 11 CPC where the cheques had been issued by the plaintiff and carried the statutory presumptions of consideration and liability under the Negotiable Instruments Act. The declaration claim was treated as ineffective because the cheques had already been acted upon and formed the basis of criminal proceedings under Section 138. Injunctive relief was also found impermissible because it would restrain prosecution of pending criminal proceedings, which is barred by Section 41(b) of the Specific Relief Act. The suit was viewed as an abuse of process. en-us Fri, 26 Feb 1999 00:00:00 +0530 Sat, 09 Apr 2022 11:25:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301578 A plaint seeking declaration, cancellation of cheques and injunction was held liable to rejection under Order 7 Rule 11 CPC where the cheques had been issued by the plaintiff and carried the statutory presumptions of consideration and liability under the Negotiable Instruments Act. The declaration claim was treated as ineffective because the cheques had already been acted upon and formed the basis of criminal proceedings under Section 138. Injunctive relief was also found impermissible because it would restrain prosecution of pending criminal proceedings, which is barred by Section 41(b) of the Specific Relief Act. The suit was viewed as an abuse of process. Case-Laws Indian Laws Fri, 26 Feb 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301578