M/S. EICHER TRACTOR LTD. AND ORS. versus HARIHAR SINGH AND ANR.

M/S. EICHER TRACTOR LTD. AND ORS. versus HARIHAR SINGH AND ANR.

Proceedings initiated by Respondent No.1 were manifestly a counterblast to previous proceedings by appellants; continuance would amount to abuse of law; complaint proceedings quashed under s.482 CrPC.

Parties
Appellant: Eicher Tractor Ltd.; Respondent: Harihar Singh; Respondent: Anr.
Jurisdiction
India
Judgment Date
07 November 2008
Procedural Posture
Criminal Appeal / Final Judgment on Appeal Against High Court Order Dismissing Petition Under Section 482 Cr PC
Outcome
Appeal allowed; complaint proceedings quashed.
Legal Topics
Quashing of Criminal Proceedings, Inherent Powers of High Court, Abuse of Process, Negotiable Instruments Act
Criminal Law Quashing of Criminal Proceedings Inherent Powers of High Court Abuse of Process Negotiable Instruments Act

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Parties

Eicher Tractor Ltd.

Appellant

Harihar Singh

Respondent

Anr.

Respondent

Procedural Posture

Criminal Appeal / Final Judgment on Appeal Against High Court Order Dismissing Petition Under Section 482 Cr PC

Legal Issues

  1. 1 Whether proceedings initiated by Respondent No.1 under Sections 420, 468, 471 IPC should be quashed as an abuse of process, being a counterblast to proceedings against him under Negotiable Instruments Act

Ratio Decidendi

Proceedings initiated by Respondent No.1 were manifestly a counterblast to previous proceedings by appellants; continuance would amount to abuse of law; complaint proceedings quashed under s.482 CrPC.

Court Disposition

Appeal allowed; complaint proceedings quashed.

Orders

  • Proceedings initiated by Respondent No.1 under complaint quashed as abuse of law