TMI Blog2017 (11) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... le Instruments Act. The presumption clause of the Negotiable Instruments Act is absolute and has been discussed in the precedent law cited above, and thus, allowing the complainant to carry on with such malicious criminal proceedings in response to the proceedings under Section 138 of the Negotiable Instruments Act would be nothing but an abuse of the process of law. Learned Public Prosecutor has shown the case diary, and the case diary does not reflect any answer to the counterblast criminal proceedings, as it is reflected by the documents that the cheques were actually issued by the complainant, and even if some kind of dispute regarding the multiple Firms, or the words ‘Private Limited’ is there, the same can be a good defence for the complainant at the time of contesting the proceedings under Section 138 of the Negotiable Instruments Act, but the same cannot be a ground for criminal prosecution against the petitioners. Present misc. petition is allowed and the impugned FIR No.42 dated 01.03.2016 registered at Police Station, Bichhwal, District Bikaner is quashed and set aside. - S.B. Criminal Misc (Pet.) No. 726 / 2016 - - - Dated:- 1-11-2017 - Pushpendra Singh Bhat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the petitioners relied upon the precedent law laid down by the Hon ble Apex Court in D.P.Gulati, Manager Accounts, M/s.Jetking Infotrain Vs. State of Uttar Pradesh Anr., reported in 2015 AIR SCW 6051, relevant paras 7 to 9 of which read as under:- 7. We have carefully considered the rival submissions made before us. From bare perusal of Section 482 of the Code, it is clear that the object of exercise of power Under the Section is to prevent abuse of process of law, and to secure ends of justice. In Rajiv Thapar and Ors. v. Madan Lal Kapoor : (2013) 3 SCC 330, this Court has enumerated the steps required to be followed before invoking inherent jurisdiction by the High Court Under Section 482 of the Code as under: 30. Based on the factors canvassed in the foregoing paragraphs, we would delineate the following steps to determine the veracity of a prayer for quashment raised by an accused by invoking the power vested in the High Court Under Section 482 Code of Criminal Procedure: 30.1. Step one: whether the material relied upon by the accused is sound, reasonable, and indubitable i.e. the material is of sterling and impeccable quality? 30.2. Step two: whether th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear case of abuse of process of law on the part of Respondent No. 2. 10. Learned counsel for the petitioners has also placed reliance on the decision rendered by this Court in Hanuman Vs. The State of Rajasthan Anr. (S.B.Criminal Misc. Petition No.1490/2017 decided on 21.08.2017), which reads as under:- 1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred for quashing the registration and investigation of FIR dated 15.04.2017 bearing No.203/2017 registered at Nohar Police Station, District Hanumangarh for the offences under Sections 379, 420, 452, 467, 468, 471 and 120-B IPC. 2. The allegation against the present petitioner is that the complainant is running a shop of building material, which remained closed for 3-4 days, and was thereafter opened, upon which the petitioner came to the shop and demanded the documents of transaction regarding material evidence, but simultaneously, the petitioner stole the cheques and asked Satveer to make payment within seven days or face the consequence. The cheques of Axis Bank were presented, but payment towards those cheques was stopped at the instance of the complainant under the belief that the cheques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order dated 1.12.2008 passed by the Additional Sessions Judge, New Delhi. The Delhi High Court dismissed the revision petition on 16.1.2009, by inter alia observing as under: 12. Truthfulness or falsity of the allegations, essentially pertains to the realm of evidence and the same cannot be pre-judged at this initial stage. I do not find any illegality or infirmity in the impugned order. Consequently, this Revision Petition is dismissed in limine while making it clear that anything herein shall not be construed as an opinion on merits at trial. 37. The appeal was filed against the aforesaid judgment of the High Court by the Accused contending that there was sufficient material collected in the investigation which proved that allegations were unfounded and the prosecution of the Appellant was an abuse of process of the Court. In paragraph 23 this Court noted several circumstances on the basis of which this Court held that judicial conscience of the High Court ought to have persuaded it to quash the criminal proceedings. This Court further noticed that Investigating Officer has acknowledged, that he could not find any proof to substantiate the charges. The charge-shee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht to have quashed the criminal proceedings. 39. Inherent power given to the High Court Under Section 482 Code of Criminal Procedure is with the purpose and object of advancement of justice. In case solemn process of Court is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold. The Court cannot permit a prosecution to go on if the case falls in one of the Categories as illustratively enumerated by this Court in State of Haryana v. Bhajan Lal. Judicial process is a solemn proceeding which cannot be allowed to be converted into an instrument of operation or harassment. When there are material to indicate that a criminal proceeding is manifestly attended with mala fide and proceeding is maliciously instituted with an ulterior motive, the High Court will not hesitate in exercise of its jurisdiction Under Section 482 Code of Criminal Procedure to quash the proceeding under Category 7 as enumerated in State of Haryana v. Bhajan Lal, which is to the following effect: (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Thus, the aforequoted condition No.7 is clearly attracted in the present case, as the complainant had the knowledge that he shall be facing the proceedings under the Negotiable Instruments Act and there was no reason available with the present petitioner, so as to stole the cheques in concern. 11. In light of the aforesaid discussion as well as the precedent law cited by learned counsel for the petitioner, the present misc. petition is allowed and the impugned FIR dated 15.04.2017 bearing No.203/2017 registered at Nohar Police Station, District Hanumangarh is quashed and set aside. The stay application also stands disposed of. 11. Heard learned counsel for the parties and perused the record of the case alongwith the precedent law cited at the Bar. 12. The condition No.7 of the precedent law laid down by the Hon ble Apex Court in State of Haryana Ors. Vs. Ch.Bhajan Lal Ors.,1992 Supp.(1) SCC 335 is clearly attracted in the present case, as the complainant had complete knowledge that he was facing proceedings unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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