2000 (1) TMI 934 - SUPREME COURT

Application filed under Section 482 of the Code of Criminal Procedure to sought quashing of the criminal proceedings pending against them under Section 406/420" of the Indian Penal Code (for short the TPC) in the Court of Chief Judicial Magistrate, Ghaziabad dismissed

Held that:- Appeal allowed. Agreeing with the submission of the appellants that the whole attempt of the complainant is evidently to rope in all the members of the family particularly who are the parents of the Managing Director or Ganga Automobile Ltd. in the instant criminal case without regard to their role or participation in the alleged offences with a sole purpose of getting the loan due to the Finance Company by browbeating and tyrannizing the appellants of criminal prosecution. A criminal complaint under Section 138 of the Negotiable instruments Act is already pending against the appellants and other accused. They would suffer the consequences if offence under Section 138 is proved against them. In any case there is no occasion for the complainant to prosecute the appellants under Sections 406/420 IPC and in his doing so it is clearly an abuse of the process of law and prosecution against the appellants for those offences is liable to be quashed.