Section 489-F PPC.
- Art. 199---Penal Code (XLV of 1860), S.489-F---Constitutional petition---Quashing of F.I.R.---Contentions raised on behalf of accused needed a factual inquiry, which could not be undertaken by High Court in exercise of its constitutional jurisdiction under Art. 199 of the Constitution---Criminal proceedings could not be held in abeyance in all circumstances during pendency of a civil suit---Criminal proceedings were not barred in presence of civil proceedings and both proceedings could be carried out simultaneously---Civil Court had no jurisdiction to prevent presentation of a cheque for encashment, which was a negotiable instrument---Civil Court by its injunctive order had only directed the defendant accused not to receive money through illegal means and force---Presentation of a valid cheque for encashment by no stretch of the argument could be termed as an attempt to receive money by illegal means or by force---Constitutional petition was dismissed in limine accordingly.
- Civil and criminal proceedings---Criminal Proceedings are not barred in presence of civil proceedings and both civil and criminal proceedings can be carried out simultaneously.
2008 Y L R 2505
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