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2014 (1) TMI 1943 - SC - Indian LawsExercise of Jurisdiction under Section 482 of CrPC - Conversion of purely civil dispute into criminal act - High Court declined to quash the proceedings initiated against the Appellant on the ground that all the submissions relate to disputed questions of fact which cannot be adjudicated upon by the Court under Section 482 Code of Criminal Procedure - HELD THAT:- Jurisdiction under Section 482 of the Code has to be exercised with great care. In exercise of its jurisdiction the High Court is not to examine the matter superficially. It is to be seen if a matter, which is essentially of a civil nature, has been given a cloak of criminal offence. Criminal proceedings are not a short cut of other remedies available in law. Before issuing process a criminal court has to exercise a great deal of caution. For the accused it is a serious matter. This Court has laid certain principles on the basis of which the High Court is to exercise its jurisdiction under Section 482 of the Code. Jurisdiction under this section has to be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice. In Bhajan Lal's case [1990 (11) TMI 386 - SUPREME COURT], this Court enumerated the categories of cases, by way of illustration, wherein the High Court would be justified in exercising its inherent power under Section 487 Code of Criminal Procedure, or Article 226 of the Constitution of India to prevent abuse of the process of court or to otherwise secure the ends of justice. The case pleaded by the Petitioner squarely falls within the ambit of propositions 5 and 7. In view of the above, the order passed by the High Court cannot be upheld, and the same is hereby set aside - The appeal is allowed.
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