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ANJULI PALO
Swapnil Sohane – Appellant
Versus
Sunil Arora – Respondent
ORDER
1. This revision under section 397/401 of the Code of Criminal has been filed by the applicants being aggrieved by order dated 31.12.2018 passed by the Second Additional Sessions Judge, Waraseoni in Criminal Revision No.95/2016 whereby the order of Additional Chief Judicial Magistrate, Waraseoni dated 01.12.2016 has been set aside.
2. As per applicants the order passed by the trail Court has been perversely set aside by the lower revisional court because it failed to understand that when compromise has already been made under section 138 of the Negotiable Instruments Act (for short "NI Act"), the direction for registration of a criminal case in respect of same transaction, is abuse of process of Court.
3. In brief, the facts of the case are that respondent filed a criminal case under section 420, 467, 468, 471, 34 of the Indian Penal Code on the ground that applicants have entered into sale agreement in respect of certain agricultural lands, which could not be materialized, due to mortgage and sale of such lands to other persons. The respondent filed a complaint under section 138 of N.I. Act, which was subsequently compromised, as stated earlier. The Additional Chief Judicial Ma
The court emphasized the difference in essential ingredients of the offenses under section 420 of IPC and section 138 of NI Act, highlighting that the dispute between the parties is not purely of civ....
Registration of FIR for civil disputes under criminal guise is unsustainable; courts must prevent misuse of criminal law.
The court can quash proceedings under sec. 138 of the Negotiable Instruments Act, 1881, based on a compromise between the parties.
Prosecutions under Section 420 IPC and Section 138 N.I. Act are distinct; trial for both based on same facts not permissible due to differing evidentiary requirements.
The court found that a civil dispute may constitute a criminal offence under S.420 IPC if fraudulent intent is present, and the mere existence of a civil remedy does not warrant quashing criminal pro....
A complaint under Section 420 IPC is maintainable even after initiation of proceedings under Section 138 of the Act, as the two offenses operate in different legal fields with distinct requirements a....
: Offences under Section 138 of NI Act and Section 420 of IPC are distinct from each other and principle of double jeopardy or rule of estoppel does not come into play.
Dishonor of cheques issued as repayment of a loan constitutes an offence under Section 138 of the Negotiable Instruments Act, 1881, and the presumption under Section 139 of the Act that the cheques w....
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