Petitioner quashed FIR alleging cheating under Sections 420 and 406 IPC. Court held that since cheque remedy under Section 138 NI Act was not pursued, FIR is abuse of process to circumvent time-barred remedy.
FIR No. 279/2021 dated 17.08.2021 under Sections 420 and 406 IPC is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:33236]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 328/2022
Ashish Sharma S/o Shri Mukesh Sharma, Aged About 32 Years, R/o Chopasni Housing Board, Jodhpur.
----Petitioner
----Respondents
For Petitioner(s) : Mr. Firoz Khan. For Respondent(s) : Mr. Vikram Sharma, P.P. Mr. Sushil Kumar, for R/2.
HON'BLE MR. JUSTICE ARUN MONGA Order
08/08/2024
[2024:RJ-JD:33236]
[CRLMP-328/2022]
(2of 3)
Instruments Act. Therefore, the petitioner argues that the FIR is an abuse of the legal process and that no further investigation is necessary.
6.1. Be that as it may, even if the complainant had the cheques dishonored, his remedy was to pursue proceedings under Section 138 of the Negotiable Instruments Act. It appears that the complainant did not seek any legal remedy in time and, realizing that it had become time-barred, filed the FIR in question to circumvent the situation. This misuse of the Indian Penal Code provisions renders the FIR unsustainable, and it must be quashed.
[2024:RJ-JD:33236]
(3of 3) [CRLMP-328/2022]
(ARUN MONGA),J
93-Sumit/-
Whether Fit for Reporting:
Yes / No
3 issues framed by the court
Whether an FIR is unsustainable and must be quashed where the complainant failed to present cheques issued by the accused for payment or initiate proceedings under Section 138 of the Negotiable Instru
Whether lodging an FIR under Section 420/406 IPC constitutes a misuse of legal process when the remedy under the Negotiable Instruments Act was not pursued.
Whether the settlement of the dispute through issuance of cheques disentitles the complainant from raising a criminal complaint for cheating and criminal breach of trust.
1 provisions across 1 enactments
Ashish Sharma
State Of Rajasthan
Ghanshyam Das Vyas
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
