Case Note & Summary
The petitioner, Mr. Hiremani Kallappa Melage, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order dated 13.08.2009 and the entire proceedings in CC No.1633/2009 pending before the J.M.F.C.-IV Court, Belagavi. The petitioner contended that the respondent, Lokmanya Multipurpose Co-operative Society Ltd., had filed two parallel proceedings in respect of the same transaction: one under Section 138 of the Negotiable Instruments Act, 1881, and another under Section 420 of the Indian Penal Code, 1860. The petitioner argued that the filing of two parallel proceedings before two different forums constituted an abuse of the process of law. The High Court heard the arguments of the petitioner's counsel, while the respondent's counsel did not appear despite several opportunities. The court examined the contention and found that the filing of two parallel proceedings for the same transaction was indeed an abuse of the process of law. The court held that the subsequent proceedings in CC No.1633/2009 were liable to be quashed to prevent abuse of the process of the court. Accordingly, the writ petition was allowed, and the order dated 13.08.2009 and the entire proceedings in CC No.1633/2009 were quashed.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Abuse of Process of Law - Section 482 CrPC - Filing of two parallel proceedings in respect of same transaction before two different forums constitutes abuse of process of law - Held that the subsequent proceedings are liable to be quashed to prevent abuse of process of court (Paras 3-4). B) Negotiable Instruments Act - Dishonour of Cheque - Parallel Proceedings - Section 138 - When a complaint under Section 138 of NI Act is already pending, filing a separate complaint under Section 420 IPC for the same transaction is not maintainable and amounts to abuse of process - Held that the proceedings in CC No.1633/2009 are quashed (Paras 3-4).
Issue of Consideration
Whether filing of two parallel proceedings in respect of the same transaction before two different forums amounts to abuse of process of law and whether the subsequent proceedings are liable to be quashed.
Final Decision
Writ petition allowed. The order dated 13.08.2009 and the entire proceedings in CC No.1633/2009 pending on the file of J.M.F.C.-IV Court, Belagavi, are quashed.
Law Points
- Abuse of process of law
- Parallel proceedings
- Quashing of criminal proceedings
- Section 482 CrPC
- Section 138 NI Act
- Section 420 IPC
- Same transaction
