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2017 (4) TMI 728 - SC - Indian LawsCriminal Complaint filed under Section 138 of the Negotiable Instruments Act - First Information Report - Held that:- We have taken into account the facts of the matter in question as it appears to us that no cognizable offence is made out against the appellants – herein. The High Court was wrong in holding that the F.I.R. cannot be quashed in part and it ought to have appreciated the fact that the appellants - herein cannot be allowed to suffer on the basis of the complaint filed by Respondent No.2 – herein only on the ground that the investigation against co-accused is still pending. It is pertinent to note that the learned Magistrate has opined that no offence is made out against co-accused Nos. 2, 3, 4 and 6 prima facie. According to us, the F.I.R. in question filed against the appellants – herein by Respondent No.2 is only an after-thought with the sole intention to pressurize the appellants not to prosecute their Criminal Complaint filed by them under Section 138 of the Negotiable Instruments Act, 1881. Accordingly, we find that the order so passed by the High Court is not sustainable in the eyes of law and deserves to be set aside.
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