TMI Blog2021 (10) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... was not having sufficient funds - The respondent has further alleged that in pursuance of demand notice, he also demanded the money of cheque from the petitioner, but petitioner/accused instead of making payment subjected him to beating, thrashing and also threatened him of dire consequences. This act of the petitioner is shown to have been done during the course of the same transaction. The cognizance of offences under Section 138 Negotiable Instruments Act, as well as Sections 420, 323 and 506 of Ranbir Penal Code taken by the Trial Court, is not bad because in view of provision as contained in Section 227 of the Cr.PC, trial of the cases in respect of the offences which have taken place during the course of same prosecution can be held together. The submission of the petitioner that the filing of complaint, its continuance and issuance of process amounts to abuse of the process of law, is without any basis. Nothing wrong can be found in the order passed by Trial court. The complaint and statements, do disclose the commission of offence punishable under section 138 Negotiable Instruments Act as well offences punishable under Sections 420, 323 and 520 Ranbir Penal Code. Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial process should not be an instrument of oppression, or, needless harassment, but the Court should be circumspect and judicious in exercising discretion and should take all the relevant facts and circumstances into consideration before issuing the process under Section 482 Cr.PC, lest the Section becomes an instrument in the hands of accused persons to claim the differential treatment only because the accused persons can spend money to approach higher forums. This Section is not an instrument handed over to the accused to short circuit a prosecution and bring about its sudden death. 5. Where factual foundation for the offences have been laid down in the complaint, the High Court should not hasten to quash the criminal proceedings merely on the premise that one or two ingredients have not been stated in the details or that the facts narrated reveal the existence of civil dispute between the parties. 6. In M. Krishna v. Vijay Singh and Anr, 2001(8) SCC 645 , the Hon'ble Supreme Court concluded that it could not be said that complaint filed by complainant did not discloses the commission of an offence or there existed any other circumstance which could be made the basis fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under 156 (1) of the Code except under an order of a Magistrate within the purview of Section 155 (2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155 (2) of the Code. (5) Where the allegations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itur et id sine quo res ipsa esse non potest (when the law gives a person anything it gives him that without which it cannot exist). While exercising powers under the Section, the Court does not function as a court of appeal or revision. Inherent jurisdiction under the Section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the Section itself. It is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone courts exist. Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent such abuse. It would be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercises of the powers court would be justified to quash any proceeding if it finds that initiation or continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard and fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage. (See : The Janata Dal etc. v. H.S. Chowdhary and others, etc. (AIR 1993 SC 892), Dr. Raghubir Saran v. State of Bihar and another (AIR 1964 SC 1)). It would not be proper for the High Court to analyse the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premises, arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with. In proceeding instituted on complaint, exercise of the inherent powers to quash the proceedings is called for only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h other accused caught hold of him at National Highway near K. Kot, Tral and beat him severely and also threatened to kill him in case any claim was made by him for the payment of money from petitioner. So as alleged in complaint the act of beating, threatening with dire consequences by the petitioner are part of same transaction, as it is alleged by him that on demand to make the payment in pursuance of notice issued on account of dishonour of the cheques, he was beaten, thrashed and threatened as well as petitioner refused to pay the amount of cheque. 12. The Trial court after having taken cognizance, recorded the statement of complainant and issued process against the accused for commission of offences punishable under Section 138 Negotiable Instruments Act as well as offences punishable under Sections 420, 323 and 506 RPC. What was required by the respondent to show before the court was that a cheque was issued by petitioner and the same was presented for encashment, the cheque was dishonoured and returned on account of insufficient funds or any other reason and notice of demand was made, but petitioner failed to pay. The respondent has alleged and shown that the cheque was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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