https://www.taxtmi.com/caselaws?id=420890 An FIR alleging cheating under Section 420 IPC was found unsustainable where the real grievance was dishonour of cheques and a remedy under Section 138 of the Negotiable Instruments Act was available. The court treated the Negotiable Instruments Act as the special law governing cheque dishonour and held that using the general cheating provision for the same underlying complaint would defeat the special statutory scheme. It further noted that disputes arising from non-honouring of a settlement or cheque-related liability should be pursued under the cheque dishonour regime or civil law, not by stretching criminal allegations. On that basis, the criminal proceedings were quashed as an abuse of process. en-us Thu, 07 Apr 2022 00:00:00 +0530 Wed, 13 Apr 2022 08:37:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=420890 An FIR alleging cheating under Section 420 IPC was found unsustainable where the real grievance was dishonour of cheques and a remedy under Section 138 of the Negotiable Instruments Act was available. The court treated the Negotiable Instruments Act as the special law governing cheque dishonour and held that using the general cheating provision for the same underlying complaint would defeat the special statutory scheme. It further noted that disputes arising from non-honouring of a settlement or cheque-related liability should be pursued under the cheque dishonour regime or civil law, not by stretching criminal allegations. On that basis, the criminal proceedings were quashed as an abuse of process. Case-Laws Indian Laws Thu, 07 Apr 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=420890