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2022 (12) TMI 1482 - SUPREME COURTRejection of application filed by the appellant herein under Section 482 of the Code of Criminal Procedure (CrPC) - criminal conspiracy - signature on the alleged sale deed is forged - dispute is of civil nature or criminal nature - HELD THAT:- It appears prima facie that the purchaser (Vendee) might have obtained finance from AXIS Bank Ltd. for the purpose of purchasing the plot in question. The police should have investigated whether the amount of Rs. 24,08,000/- (Rupees Twenty Four Lakhs Eight Thousand Only) was paid by AXIS Bank Ltd. directly to the original complainant (respondent No. 2 herein). There is no clarity even in this regard. This aspect shall also be looked into while deciding the civil suit between the parties. While exercising its jurisdiction under Section 482 of the CrPC, the High Court has to be conscious that this power is to be exercised sparingly and only for the purpose of prevention of abuse of the process of the court or otherwise to secure the ends of justice. Whether a complaint discloses a criminal offence or not, depends upon the nature of the act alleged thereunder. Whether the essential ingredients of a criminal offence are present or not, has to be judged by the High Court. A complaint disclosing civil transaction may also have a criminal texture. But the High Court must see whether the dispute which is in substance of a civil nature is given a cloak of a criminal offence. The impugned order of the High Court is set aside - application disposed off.
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