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2021 (11) TMI 727 - MADHYA PRADESH HIGH COURTDishonor of Cheque - seeking acquittal of applicant from the charge under Section 138 of the Negotiable Instruments Act on the basis of the compromise entered into between the parties - invocation of extraordinary jurisdiction of this Court under Section 482 of the Cr.P.C. - HELD THAT:- This petition under Section 482 of the Cr.P.C. has been filed by the applicant to acquit the applicant from the charge under Section 138 of the Negotiable Instruments Act on the basis of the compromise entered into between the parties. It is a case of abuse of process of law. It is true that Section 482 of the Code of Criminal Procedure gives inherent powers to the High Court to make such orders as may be necessary to prevent the abuse of process of law or to secure the ends of justice. However, Section 482 does not confer unlimited jurisdiction upon the High Court and the inherent powers, being in the nature of exception and not a rule, should be used sparingly and with great care and caution. Even in the various cited judgments, Supreme Court has held that whether to exercise the inherent power or not, would depend upon the facts and circumstances of the case. In the present case, when the coordinate Bench of this Court dismissed the revision as non maintainable and also dismissed the application seeking suspension of sentence and grant of bail on the ground that the applicant is absconding and his presence is necessary to maintain the application as well as the revision, filing of this petition under Section 482 of the Cr.P.C. is not maintainable and it is an abuse of process of law - revision petition dismissed.
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