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NARENDRA SINGH DHADDHA
Jitendra Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. The instant criminal misc. petition has been preferred by the accused petitioner praying to quash FIR No.183/2017 registered at Police Station Christianganj, Ajmer for the offence under Sections 420, 406, 467, 468 and 471 IPC.
2. Learned counsel for the petitioner submits that the present FIR lodged by the complainant is false & frivolous. Complainant has filed the present FIR by efflux of long a long time, i.e. delay of two years. Offence mentioned in the FIR is baseless and without proof of truth. Learned counsel for the petitioner further submits that the petitioner filed many criminal cases against the complainant under Negotiable Instruments Act. Learned counsel for the petitioner also submits that legal notice was given to the complainant, so, complainant had to lodge the present FIR as a counter-blast. Learned counsel for the petitioner further submits that cognizance was also taken on 28.08.2017 against the complainant for the offence under Section 138 of Negotiable Instruments Act. Learned counsel for the petitioner also submits that a bare reading of the FIR, no offence against the petitioner is made out. Learned counsel for the petitioner further submits that t
The court can quash a FIR and criminal proceedings if allowing them to continue would amount to an abuse of process of law.
Filing a criminal complaint with mala fide intention to abuse the process of law and avoid proceedings under Section 138 of the Negotiable Instruments Act is not permissible.
The central legal point established in the judgment is the application of the principles for quashing FIRs, emphasizing the need for sound and reasonable material to rule out the assertions contained....
The settlement of a complaint and non-receipt of notices can lead to the quashing of an FIR under Section 138 of the Negotiable Instruments Act.
The court's decision was influenced by the principles laid down in Prashant Bharti v. State of NCT of Delhi and State of Haryana and Ors. Vs. Ch. Bhajan Lal and Ors., emphasizing the need for sound, ....
Withdrawal of a complaint under Section 138 of the Negotiable Instruments Act nullifies the basis for subsequent proceedings under Section 174A IPC, preventing abuse of process.
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