Penal Code, 1860–Secs. 406, 420 & 506 [Corresponding Sec. 316(2), 318(4) & 351(2), (3) of BNS, 2023]–FIR for the offence–Sustainability–Case of appellant that in order to usurp his land, the pressure was exerted upon the local police and a series of false criminal cases were foisted against him–In all eight FIR’s, the substance is a civil dispute relating to ownership and possession of the property–All the FIRs were registered in a short span of time–Prior to registration of present FIR, appellant had initiated proceedings u/s. 138 and FIR against the respondent no. 2–Respondent no. 2 was arrested in the criminal case, as well he was convicted u/s. 138 of N.I. Act –His conviction lends strong support to the appellant’s case that the initiation of the present FIR was a retaliatory measure maliciously instituted with an ulterior motive to neautralise the lawful action taken by him–The matter is of a purely civil nature, and the essential ingredients of cheating or forgery are not made out–FIR is liable to be quashed.
