TaxTMI 
TaxTMI 
2020 (1) TMI 1535
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....llant initiated criminal proceedings by filing a complaint submitting inter alia: (a) That he, was abducted on 08.07.2016 and was kept in confinement for the next four days and directly presented before the Sub-Registrar's office on 11.07.2016 and was made to sign on a Sale Deed purporting to convey title in respect of land bearing Old Sy. No. 47, New Sy. No. 47/2, situated at Kampapura Village, Hessaraghatta Hobli, Bangalore North Taluk, measuring 39.08 guntas. (b) At the time of execution of the document, no consideration was paid but three post-dated cheques aggregating to Rs. 49.38 lakhs were handed over to the Appellant and he was threatened that he must encash the cheques. (c) Under suc....
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....ually received by way of consideration. Three post-dated cheques were handed over to the Appellant and one of those three cheques was deposited in the bank for encashment on the next date. It is a matter of record that subsequent cheques were not even sought to be encashed and the Appellant showed his willingness to deposit even the sum of Rs. 15 lakhs received by encashment of first cheque. Further, neither the conveyance deed was preceded by any agreement of sale nor any advertisement was issued by the Appellant showing his inclination to dispose of the property in question. 8. It is true that civil proceedings have been subsequently initiated to get the registered Sale Deed set-aside but that has nothing to do with the present crimina....
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....al Code nugatory or abortive. To say that because the stridhan of a married woman is kept in the custody of her husband, no action against him can be taken as no offence is committed is to override and distort the real intent of the law. 11. In Rajesh Bajaj v. State NCT of Delhi and Ors. (1999) 3 SCC 259 : AIR 1999 SC 1216 this Court observed: 10. It may be that the facts narrated in the present complaint would as well reveal a commercial transaction or money transaction. But that is hardly a reason for holding that the offence of cheating would elude from such a transaction. In fact, many a cheatings were committed in the course of commercial and also money transactions. One of the illustrations set out Under Section 415 ....
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....is involved. 12. The aforesaid view was reiterated in Kamladevi Agarwal v. State of West Bengal and Ors. (2002) 1 SCC 555 : AIR 2001 SC 3846 as under: 9. Criminal prosecution cannot be thwarted at the initial stage merely because civil proceedings are also pending. After referring to judgments in State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335 : AIR 1992 SC 604 and Rajesh Bajaj v. State NCT of Delhi (1999) 3 SCC 259 : AIR 1999 SC 1216 this Court in Trisuns Chemical Industry v. Rajesh Agarwal (1999) 8 SCC 686 : AIR 1999 SC 3499 held: (SCC p. 690, paras 7-8) (at P. 3501,. para 6 of AIR) 7. Time and again this Court has been pointing out that quashing of FDR. or a complaint in exercise of the inherent powe....
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....fferent court even though higher in status and authority, cannot be made a basis for quashing of the proceedings. 13. In R. Kalyani v. Janak C. Mehta and Ors. (2009) 1 SCC 516 : 2009 AIR SCW 1836 this Court culled out propositions concerning interference Under Section 482 of the Code as under: 15. Propositions of law which emerge from the said decisions are: (1) The High Court ordinarily would not exercise its inherent jurisdiction to quash a criminal proceeding and, in particular, a first information report unless the allegations contained therein, even if given face value and taken to be correct in their entirety, disclosed no cognizable offence. (2) For the said purpose the Court, save and ....