VidhiSangh

Supreme Court of India · 10/02/2020

RAJESHBHAI MULJIBHAI PATEL AND OTHERS ETC. versus STATE OF GUJARAT AND ANOTHER ETC.

[2020] 2 S.C.R. 687 · 2020 INSC 160

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court quashed a forgery FIR founded on a handwriting opinion concerning receipts already in issue in a pending recovery suit, while restoring a separate cheque-dishonour complaint. The expert opinion was relevant but not conclusive, and continuation of that FIR was abusive in the circumstances. Admitted issuance of the cheques attracted the rebuttable statutory presumption; disputed debt and receipt questions required evidence rather than quashing of the cheque case.

Issues

  1. Whether the particular forgery FIR based on the handwriting opinion should continue while genuineness of the receipts awaited civil adjudication.
  2. Whether the cheque complaint could be quashed despite admitted issuance and disputed factual defences.

Held

Result

Appeals allowed and impugned order set aside. FIR I-194/2016 quashed; Section 138 complaint CC 367/2016 restored for lawful disposal after sufficient opportunity to both sides. Summary Suit 105/2015 to proceed independently, uninfluenced by the High Court’s views.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 687.