TMI Blog1998 (8) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... h and also the witnesses produced by the complainant. On the basis of those material the Magistrate took cognizance of the offence under Sections 406, 620, 467, 468 and 120-B IPC by his order dated 5.2.96 and directed issuance of process against the accused - appellants. The appellants then moved the High Court under Section 482 of the Code of Criminal Procedure for quashing the cognizance, inter alia, on the ground that the allegations made in the petition of complaint even being accepted on its face value no offence can be said to have been made out against them. The High Court by the impugned judgment, however, being of the opinion that the allegations having been made that shares have been transferred on the basis of forged and fabricat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent on the other hand contended that on the materials on record, the High Court was fully justified in coming to the conclusion that a prima facie case has been made out, and therefore, it is not a fit case for quashing the order of cognizance in exercise of the inherent jurisdiction of the court under Section 482 of the Code which has to be exercised sparingly and only when a conclusion is arrived at that non-exercise of the power would ultimately lead to abuse of the process of court. Having examined the rival submissions and the averments made in the petition of complaint as well as the evidence of the complainant and the witnesses before the Magistrate, we are not in a position to accept Mr. Desai's contention that dispute essen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paringly and in the interest of justice. But allowing the criminal proceeding to continue even where the allegations in the complaint petition do not make out any offence would be tantamount to an abuse of the process of court, and therefore, there cannot be any dispute that in such case power under Section 482 of the Code can be exercised. Bearing in mind the parameters laid down by this Court in several decisions for exercise of power under Section 482 of the Code, we have examined the allegations made in the complaint petition and the statement of the complainant and the two other witnesses made on oath before the Magistrate. We are clearly of the opinion that the necessary ingredients of any of the offence have not been made out so far ..... X X X X Extracts X X X X X X X X Extracts X X X X
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