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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 complainant filed criminal proceedings under Section 138 of the Negotiable Instruments Act against a book supplier, alleging wrongful dishonour of a blank cheque. The appellant sought to quash this complaint, arguing it was an abuse of process—a counterblast to his own legitimate proceedings under the same section against the complainant. The High Court declined to quash. The Supreme Court, noting the State Counsel's admission that the complaint was absurd and the complainant's non-appearance, found the proceedings to be a clear abuse of law. The Court quashed the proceedings and allowed the appeal.

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Criminal Law Negotiable Instruments Abuse of Process Quashing of Criminal Proceedings

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