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2021 (6) TMI 1000 - HC - Indian LawsDishonor of Cheque - reliability or genuineness or otherwise of the allegations made in the F.I.R. - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- The power of quashing of the criminal proceeding should be exercised very sparingly and with circumspection and that too in a rarest of rare case. The Court is not justified in embarking upon the inquiry as to the reliability or genuineness or otherwise of the allegations made in the F.I.R. or the complaint and that extraordinary or inherent powers do not confer an arbitrary jurisdiction on the Court to act according to its whim and caprice - In the instant case, the applicants have placed their reliance on some extraneous/defence material. In the instant case, respondent no. 2 has not disputed about filing of the complaints against deceased Selvakumar s/o Govindaraj for having committed the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. We have carefully gone through those five complaints which are part of the record. We are surprised to note that the allegations have been made against deceased Selvakumar alone with the specific contention that he is the proprietor of M/s. Shreejith Traders and in that capacity, he has issued the cheques for the balance amount as referred in the present F.I.R. - In the case of State of Haryana and Others v. Bhajan Lal and Others, [1990 (11) TMI 386 - SUPREME COURT], in para 102, the Supreme Court has given the categories of cases by way of illustrations wherein such quashing power under Section 482 of Cr.P.C. could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice. The Supreme Court has considered the intention of cheating right from the inception and further held that the offence of cheating prima facie made out and no ground to quash the F.I.R. Thus, we find that the facts and circumstances of the said case cannot be made applicable to the facts and circumstances of the present case - the F.I.R. lodged by respondent no. 2 is nothing but an abuse of the process of the court and the same is necessary to be quashed and set aside in the interest of justice. The criminal application is allowed.
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