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Supreme Court of India 2016-06-17 allowed

Ashok Kumar Gupta vs State of U.P. & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A private complaint under the Negotiable Instruments Act was filed against the appellant alleging unauthorized use of a blank cheque. The appellant claimed the complaint was retaliatory and an abuse of process, filed to counter his own Section 138 cheque dishonour proceedings. The High Court had declined to quash it, but the Supreme Court allowed the appeal. Finding the complaint clearly absurd (as conceded by State Counsel) and absent the complainant's participation, the Court held the complaint was a clear abuse of process and quashed the proceedings against the appellant.

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Criminal Procedure Negotiable Instruments Abuse of Process

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