In Brief
Rajeshbhai Muljibhai Patel and others appealed against the High Court's order which declined to quash an FIR for alleged forgery of receipts but quashed a cheque dishonour case under Section 138 of the Negotiable Instruments Act. The Supreme Court held that when the authenticity of receipts is a pending issue in a concurrent civil suit, the FIR should not proceed as it would abuse court processes. Handwriting expert opinions are relevant but not conclusive evidence. The Court also ruled that a Section 138 case should not be quashed merely on grounds of inter se disputes when statutory presumptions arise upon admission of cheque issuance; factual disputes require full adjudication after evidence. The appeals were partly allowed, quashing the forgery FIR and restoring the cheque case.
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