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2022 (9) TMI 1663 - HC - Indian LawsSeeking to invoke inherent power of this Court under Section 482 of the Code of Criminal Procedure 1973 (Cr.P.C.) for quashing FIR - whether the material available on record demonstrates at least prima facie that the criminal proceedings initiated against the applicant in the form of registration of FIR for offence under Section 420 of the IPC deserve to be continued or that such proceedings deserve to be terminated at this stage itself? - HELD THAT - The parameters for exercise of inherent power of this Court under Section 482 of the Cr.P.C. are by now well settled and elaborated upon in a series of judgments of the Hon ble Supreme Court starting from State of Haryana vs. Bhajanlal 1990 (11) TMI 386 - SUPREME COURT . The Hon ble Supreme Court has also deliberated upon the tendency of giving colour of criminality to purely commercial and civil disputes for the reason that invoking civil remedies leads to a long wait for the aggrieved person to get appropriate relief. In the case of M/s.Indian Oil Corporation vs. NEPC India Ltd. and others 2006 (7) TMI 575 - SUPREME COURT in this context the Hon ble Supreme Court held While no one with a legitimate cause or grievance should be prevented from seeking remedies available in criminal law a complainant who initiates or persists with a prosecution being fully aware that the criminal proceedings are unwarranted and his remedy lies only in civil law should himself be made accountable at the end of such misconceived criminal proceedings in accordance with law. One positive step that can be taken by the courts to curb unnecessary prosecutions and harassment of innocent parties is to exercise their power under section 250 Cr.P.C. more frequently where they discern malice or frivolousness or ulterior motives on the part of the complainant. As per the allegations made by the non-applicant No. 2 not only did the applicant induce him into entering into a contract for sale of coal but when huge outstanding amount became due he further induced the non- applicant No. 2 to enter into the aforesaid agreement to discharge the liability specifying the dates when amounts would be repaid in installments. The non-applicant No. 2 has alleged that only Rs. 5, 00, 000/- were paid and the entire balance of Rs. 75, 00, 000/- which was to be paid in 05 equal installments of Rs. 15, 00, 000/- was not paid by the applicant. Merely because the same set of facts alleged by the non-applicant No. 2 could also give rise to civil proceedings against the applicant ought not to be a factor held against the non-applicant No. 2 or in favour of the applicant while considering the present application. It is in this context that the Supreme Court in the case of Pratibha Rani vs. Suraj Kumar 1985 (3) TMI 60 - SUPREME COURT has observed that it is anathema to suppose that when a civil remedy is available criminal prosecution is completely barred. Conclusion - In the facts of the present case it could not be said that the non-applicant No. 2 caused the FIR to be registered only with a view to bring about pressure on the applicant as an arm twisting tactic for recovery of the amounts due from the applicant. It is found that prima facie the ingredients of the offence defined under Section 415 of the IPC and punishable under Section 420 thereof can be said to be made out and the criminal proceedings do not deserve to be nipped in the bud. No case is made out by the applicant to invoke our inherent jurisdiction under Section 482 of the Cr.P.C. in order to allow the present application. The application is dismissed.
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