Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2019 (10) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (10) TMI 767 - SC - Indian LawsDishonor of Cheque - HC quashed the complaint - offences under Sections 417, 418, 420, 422 and 120(B) read with Section 34 of IPC - HELD THAT:- It is fairly well settled that power under Section 482 Cr.P.C. is to be exercised sparingly when the case is not made out for the offences alleged on the reading of the complaint itself or in cases where such complaint is filed by way of abuse of the process. Whether any Schedules were appended to the agreement or not, a finding is required to be recorded after full fledged trial. Further, as the contract is for the purpose of procuring the land, as such the same is of civil nature, as held by the High Court, is also no ground for quashing. Though the contract is of civil nature, if there is an element of cheating and fraud it is always open for a party in a contract, to prosecute the other side for the offences alleged. Mere filing of a suit or complaint filed under Section 138 of the N.I. Act, 1881 by itself is no ground to quash the proceedings. While considering the petition under Section 482 of Cr.P.C., we are of the view that the High Court also committed an error that there is a novation of the contract in view of the subsequent agreement entered into on 08.11.2012. Whether there is novation of contract or not and the effect of such entering into the contract is a matter which is required to be considered only after trial but not at the stage of considering the application under Section 482 of Cr.P.C. The High Court has committed an error in allowing the petitions filed under Section 482, Cr.P.C. by the respondents-accused - criminal appeals are allowed.
|