TaxTMI 
TaxTMI 
2017 (8) TMI 1306
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....f FIR dated 15.04.2017 bearing No.203/2017 registered at Nohar Police Station, District Hanumangarh for the offences under Sections 379, 420, 452, 467, 468, 471 and 120-B IPC. 2. The allegation against the present petitioner is that the complainant is running a shop of building material, which remained closed for 3-4 days, and was thereafter opened, upon which the petitioner came to the shop and demanded the documents of transaction regarding material evidence, but simultaneously, the petitioner stole the cheques and asked Satveer to make payment within seven days or face the consequence. The cheques of Axis Bank were presented, but payment towards those cheques was stopped at the instance of the complainant under the belief that the che....
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....eported in 2017 Law Suit (SC) 313, wherein the criminal proceeding, on being found as a counterblast to the proceedings under Section 138 of the Negotiable Instruments Act, had been quashed by the Hon'ble Apex Court. The relevant paras 36, 37, 38 and 39 of the said judgment read as under:- "36. Writ petition was filed by the Accused for quashing the FIR which was dismissed by the High Court on 27.08.2007. Thereafter, charges were framed on 01.12.2008. Dissatisfied with the framing of charges Criminal Revision Petition was filed which was dismissed by Delhi High Court on 16.01.2009. The order of Additional Sessions Judge has been extracted by this Court in paragraph 14 which is quoted below: "14. Dissatisfied with the actio....
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....hs 24 and 25 of the judgment following was stated: "24. Most importantly, as against the aforesaid allegations, no pleadings whatsoever have been filed by the complainant. Even during the course of hearing, the material relied upon by the Accused was not refuted. As a matter of fact, the complainant/prosecutrix had herself approached the High Court, with the prayer that the first information lodged by her, be quashed. It would therefore be legitimate to conclude, in the facts and circumstances of this case, that the material relied upon by the Accused has not been refuted by the complainant/prosecutrix. Even in the charge sheet dated 28.6.2007, (extracted above) the investigating officer has acknowledged, that he could not....
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....fit where the High Court ought to have quashed the criminal proceedings. 39. Inherent power given to the High Court Under Section 482 Code of Criminal Procedure is with the purpose and object of advancement of justice. In case solemn process of Court is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold. The Court cannot permit a prosecution to go on if the case falls in one of the Categories as illustratively enumerated by this Court in State of Haryana v. Bhajan Lal. Judicial process is a solemn proceeding which cannot be allowed to be converted into an instrument of operation or harassment. When there are material to indicate that a criminal proceeding is manifestl....
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....ent submitted that the quick action of the respondent shows that in fact he was the sufferer of the theft of the cheques at the hands of the present petitioner, who made use of the transition period in the shop of the complainant and stole the cheques, on the pretext of accounting for the transactions between the parties in the shop. 9. After hearing the learned counsel for the parties and perusing the record of the case alongwith the precedent law cited at the Bar, this Court is of the opinion that on the face of it, the impugned FIR is nothing but a counterblast, as the respondent became aware of the cheques being dishonoured on 29.03.2017 and out of fear of the proceedings under the Negotiable Instruments Act, the complaint was lodged....