TMI Blog2008 (11) TMI 725X X X X Extracts X X X X X X X X Extracts X X X X ..... o analyse the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premises, arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with. In proceedings instituted on complaint, exercise of the inherent powers to quash the proceedings is called for only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers u/s 482 of the Code. It is not, however, necessary that there should be meticulous analysis of the case before the trial to find out whether the case would end in conviction or acquittal. The complaint has to be read as a whole. If it appears that on consideration of the allegations in the light of the statement made on oath of the complainant that the ingredients of the offence or offences are disclosed and there is no material to sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the background facts clearly show that the proceedings were initiated with a view to harass the appellants and as a counterblast to the proceedings initiated by the appellants. The order is supported by learned Counsel for the respondent No. 1. 4. In order to appreciate the stand taken by the appellant it is necessary to take note of the factual position, the same is as follows: On 1.4.1994 the Respondent No. 1 approached the Petitioner No. 1 for dealership, and a Letter of Intent appointment of dealer was issued to the Respondent. On March 2000 the tenure of dealership of the Respondent No. 1 was ended as the same was not doing business, incurring heavy debts to the appellant No. 1. On January, 2001 the Respondent No. 1 issued cheque bearing no 628701 dated 30.12.2000 for ₹ 50,00,000/- (Fifty Lacs) discharging his liability towards the debt incurred against the appellant No. 1. On January, 2001 the Respondent presented the cheque bearing No. 628701 to his bank for withdrawal. On 23.01.2001 the bank returned the cheque with an endorsement on the return memo i.e. refer to the drawer. On 05.02.2001 the appellant issued a Legal Notice under Section 138 Negotiable Instrument Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. No legislative enactment dealing with procedure can provide for all cases that may possibly arise. Courts, therefore, have inherent powers apart from express provisions of law which are necessary for proper discharge of functions and duties imposed upon them by law. That is the doctrine which finds expression in the section which merely recognizes and preserves inherent powers of the High Courts. All courts, whether civil or criminal, possess, in the absence of any express provision, as inherent in their constitution, all such powers as are necessary to do the right and to undo a wrong in the course of administration of justice on the principle quando lex aliquid alicui concedit, concedere videtur id sine quo res ipsa esse non potest (when the law gives a person anything it gives him that without which it cannot exist). While exercising powers under the section, the Court does not function as a court of appeal or revision. Inherent jurisdiction under the section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself. It is to be exercised ex debito justitiae to do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration before issuing process, lest it would be an instrument in the hands of a private complainant to unleash vendetta to harass any person needlessly. At the same time the section is not an instrument handed over to an accused to short-circuit a prosecution and bring about its sudden death. The scope of exercise of power under Section 482 of the Code and the categories of cases where the High Court may exercise its power under it relating to cognizable offences to prevent abuse of process of any court or otherwise to secure the ends of justice were set out in some detail by this Court in State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335. A note of caution was, however, added that the power should be exercised sparingly and that too in the rarest of the rare cases. The illustrative categories indicated by this Court are as follows: (SCC pp. 378-79, para 102) (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e its extraordinary jurisdiction of quashing the proceedings at any stage. It would not be proper for the High Court to analyse the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premises, arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with. In proceedings instituted on complaint, exercise of the inherent powers to quash the proceedings is called for only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Code. It is not, however, necessary that there should be meticulous analysis of the case before the trial to find out whether the case would end in conviction or acquittal. The complaint has to be read as a whole. If it appears that on consideration of the allegations in the light of the statem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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