2000 (1) TMI 909

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..... for the Respondent. JUDGMENT 1. This appeal is directed against the judgment of the Karnataka High Court quashing a criminal proceeding instituted by the complainant-company alleging that the accused-respondent, who was a former director of the company committed an offence under section 630 of the Companies Act, 1956 ('the Act') by continuing to utilise the property, that was given to him as a .....

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..... earned magistrate and filed an application under section 245 praying for discharge. 2. The gravamen of the allegations in the application for discharge was that civil suits being pending in different forums it would not be appropriate for the criminal court to proceed with the complaint case. The magistrate, however, came to the conclusion that pendency of a civil suit will not be a bar either to .....

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..... nd for proceeding, as provided in section 202 of the Code. If ultimately on consideration of the statements of the complainant and his witnesses and the result of inquiry or investigation (if any) under section 202 of the Code the magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint as provided under section 203 of the Code. Obviously, in the c .....

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..... he parties as well as the observations/directions given by the Civil Court in some of those cases and came to the conclusion that this is a fit case where the inherent power of the High Court should be invoked, as otherwise it would be a case of miscarriage of justice. In exercising the power under section 482, the High Court considered some observations made by the Civil Court in a suit for injun .....

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..... judgment would indicate that the High Court has thought, as if it is trying the case, and then after weighing the materials it has come to a conclusion one way or the other. This is certainly in excess of the jurisdiction conferred on the High Court under section 482. In that view of the matter, we have no hesitation to come to the conclusion that the High Court by the impugned order has exceeded .....

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