Penal Code, 1860–Secs. 420 & 120-B [Corresponding Secs. 318(4) & 61(2) of BNS, 2023]–Order of taking cognizance–Sustainability–Criminal complaint was filed by the complainant after filing the civil suit, yet he did not disclose this fact in criminal complaint–Such an act amounts the act of misleading the Court and reflects malafide intention of the complaintant–Civil suit has been dismissed as the agreement of sale was found unproved, unregistered and uneforceable and the regd. sale deed was valid–A pure and simple breach of contract does not constitute an offence of cheating–Judgment passed in civil case shall prevail over the criminal proceedings–Further, continuation of criminal proceedings for last thirteen years, when civil remedies have been exhausted and the Civil Court has adjudicated the matter, amounts to abuse of the process of law–Criminal proceedings are liable to be quashed.
