Concealment of facts in a cheque bounce case deserves quashing as continuing with such case would an abuse of process of law

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Shubham Budhiraja[1]

 



Mr. A advanced OD facility to B. The security cheque got dishonoured. Mr. A filed a 138 NI case against Mr. B basis the dishonour of a cheque. The B paid the cheque amount and A withdrew the petition. Thereafter, another cheque got bounced and Mr. A issued demand Notice. B through reply asked for loan documents but same were not supplied. The 2nd 138 NI case filed against B. The B filed 482 CRPC seeking quashing of summoning order. The HC rejected the same and hence, Supreme Court. The Hon’ble Supreme Court held as under[2]:

 

1.    While filing a complaint under Section 200 of CrPC and recording his statement on oath in support of the complaint, as the complainant suppresses material facts and documents, he cannot be allowed to set criminal law in motion based on the complaint. Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of the process of law.

 

2.    Hence, the High Court ought to have interfered and quashed the complaint.


[1] Advocate, Delhi High Court [LLB, ACS, BCOM(H)], Budhirajalawchambers@gmail.com

[2] Criminal Appeal No. 724 of 2025

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