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2023 (6) TMI 1365 - DELHI HIGH COURTDishonour of Cheque - error in not appreciating that the Investigating Officer in his cancellation report has made wrong statements - whether inherent powers provided under Section 482 of the Cr.P.C., can be exercised to defeat the statutory bar of Section 397(3) of the Cr.P.C.? - HELD THAT:- It is pertinent to note that FIR, bearing No. 613/2007, registered at P.S. New Friends Colony was with respect to commission of offence under Section 406/420 of the IPC. It was observed by the learned Additional Sessions Judge in the impugned order dated 21.04.2011, that the petitioner herein did not dispute his own letter of surrender of vehicle and also that a specific finding by way of evidence collected by the Investigating Officer has come on record that the bus was surrendered to respondent no. 2 and 3 by the petitioner himself. It is further observed that the grounds taken by the petitioner in the present petition are the same that had been taken in the protest petition as well as the revision petition filed by him before the concerned Courts. The learned Additional Chief Metropolitan Magistrate and subsequently the learned Additional Sessions Judge in the revision petition, have examined the said grounds and thereafter passed detailed orders. It is pertinent to note that the petitioner herein had transferred the insurance of the vehicle himself to some other vehicle and remained silent about the issue for four years and had not paid instalments after November, 2002. One of the ground taken by the petitioner herein, is that he had made a payment of Rs. 1,19,426/-, after the surrender of the bus. It has been rightly observed by the learned ASJ, that even if it is presumed that the abovementioned payment was made, the same will not make out a case under Sections 420/406 of the IPC, in view of the fact that petitioner himself had surrendered the bus. This Court does not find any illegality or infirmity in the impugned order passed by the learned Additional Chief Metropolitan Magistrate vide order dated 25.03.2010, in FIR No. 613/2007, registered at P.S. New Friends Colony and subsequently order dated 21.04.2011, passed by the learned Additional Session Judge, in C.R. No. 24/2010. The learned ASJ, based on the material on record, has rightly dismissed the revision petition filed on behalf the petitioner herein. Petition dismissed.
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