TMI Blog2023 (9) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Ors., [ 2021 (4) TMI 1244 - SUPREME COURT] , is required to be referred to. After taking into consideration the earlier decision on exercising the powers under Section 482 of the Code of Criminal Procedure including the decision of State of Haryana V. Bhanaj Lal, [ 1990 (11) TMI 386 - SUPREME COURT] - In view of the finding given by the Apex Court in case of Neeharika Infrastructure Pvt. Ltd., it transpires that the power of quashing of criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases and it was not justified for the Court in embarking upon an inquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the inherent powers do not confer any arbitrary jurisdiction on the Court to act according to its whims and fancies. It appears from the order of issuance of summons passed by learned trial court on 04.09.2019 that under the court inquiry under Section 202 of the Code of Criminal Procedure, the complainant has been heard wherein he has stated that when the offence was committed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll 30.06.2018 after which liquidation has taken place while VKS Projects is a partnership firm and currently active in the business. 2.2 That, they had hired VKS Project for equipment installation and piping fabrication installation for Anaven Project whereby VKS Project had requested the respondent no.2 to make ad-hoc payment to workers in return to which VKS Project issued cheque Number 226749 of Axis Bank, Navi Mumbai Branch, dated 06.11.2018 for Rs. 10,00,000/-. That, aforementioned Cheque was deposited by respondent no.2 on 14.11.2018 at Axis bank, Atul Branch, Valsad which got dishonoured with remark of Funds Insufficient on 15.11.2018. That, on 26.11.2018 that respondent no.2 issued demand notice through R. P. A. D. under section 138 of N.I. Act which was served to petitioner no. 1 the company on 29.11.2018 which is under liquidation. That, after issuance of demand notice and following the due procedure of section 138 of the Negotiable Instrument Act, Criminal Case No. 4321 / 2018 has been instituted against the present petitioners by the complainant and in the said matter the process has been ordered to be issued vide order dated 04.09.2019 and therefore, again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iminal Case No. 4321 of 2018 pending before the court of learned 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Valsad wherein vide order dated 04.09.2019, the learned trial court passed order of issuing process under Section 204 of the Code of Criminal Procedure against the accused no.1 to 5. 6. While considering the complaint filed by the complainant it appears that the Accused Company pursuant to the contract for Equipment Installation and Piping Fabrication Installation for ANAVEN Project had requested the complainant company to make ad-hoc payment to workers of the accused company and assured for the repayment of the same. By keeping faith and trust in the words and assurance, the complainant company made the payment to workers of accused company. For the settlement of the aforesaid dues of the Complainant Company, the accused company issued a Cheque of Rs.10,00,000/-of Axis Bank Ltd, Turbhe, Navi Mumbai (MH), Navi Mumbai, 400705 Branch, IFS Code UTIB001469, in favor of the Complainant Company. That, the cheque was deposited by the complainant with the banker Axis bank Limited, Atul Branch, Valsad on 14.11.2018 however the same was dishonoured ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under section 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 made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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