TMI Blog2015 (3) TMI 1295X X X X Extracts X X X X X X X X Extracts X X X X ..... process of law, and to secure ends of justice. Offences punishable Under Sections 420, 467, 468, 471, and 406 of Indian Penal Code In view of above position of law, and having regard to the facts and circumstances of the case in hand, and after going through the criminal complaint filed against Respondent No. 2 and thereafter, one filed by him against the Appellant, we are of the view that it is a clear case of abuse of process of law on the part of Respondent No. 2. Therefore, we are of the opinion that this appeal deserves to be allowed. Accordingly, the same is allowed. The impugned proceedings of criminal complaint, pending before the Additional Chief Judicial Magistrate-4, Meerut, between the parties, are hereby quashed in respect o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f of M/s. SVS Computers Ltd. Out of the two cheques, one bearing No. 63873 dated 27.6.2013 drawn on Union Bank of India, Noida, for an amount of ₹ 7,86,641/-, when presented before the Bankers, was dishonoured on account of payment stopped by the drawer endorsement. However, another cheque for an amount of ₹ 1,10,400/- was honoured. On this, Appellant's company issued notice dated 13.7.2013 to Respondent No. 2 calling upon to make payment of dishonoured cheque on behalf of M/s. SVS Computers Ltd. When Respondent No. 2 ignored the same, on behalf of M/s. Jetking Infotrain Ltd. a criminal complaint case No. 630 of 2013 was filed against Respondent No. 2 Vishal Sharma, before the Metropolitan Magistrate, Karkardooma Courts, D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocess of law. 6. Per contra, learned Counsel for the Respondent, defending the impugned order, submitted before us that the High Court has rightly observed that the Appellant can raise the objections as to whether offences alleged against him are made out or not at the time of framing of charge before the trial court. It is further pointed out that the High Court has already protected the interest of the Appellant by observing that if he appears before the trial court within thirty days, his bail would be disposed of expeditiously, if possible, on the same day. 7. We have carefully considered the rival submissions made before us. From bare perusal of Section 482 of the Code, it is clear that the object of exercise of power Under the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... answer to all the steps is in the affirmative, the judicial conscience of the High Court should persuade it to quash such criminal proceedings in exercise of power vested in it Under Section 482 Code of Criminal Procedure. Such exercise of power, besides doing justice to the accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as proceedings arising therefrom) specially when it is clear that the same would not conclude in the conviction of the accused. 8. In Rishipal Singh v. State of Uttar Pradesh and Anr. (2014) 7 SC 215, explaining the law in the similar circumstances, as in the present case, this Court observed, in paragraph 17, as under: It is no doubt true that the courts ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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