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TMI Blog2020 (8) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013. Thereafter, vide order dated 24.08.2017, the trial court was directed not to deliver the final judgment. 2. Briefly, as per the criminal complaint, filed in the year 2001, the facts relating to the present case are that the petitioner-M/s Intercorp Industries Ltd. is registered with the office of the complainant under Registration No.55-41970. As on 31.03.1996, the paid-up share capital of the company was more than Rs. 50 lacs. An inspection of the accounts and other records of the company was ordered under Section 209A of the Act. As per the Inspection Report, an inspection was conducted by Mr. J.N. Tikku, Deputy Director (Inspection), Deptt. of Company Affairs for the period relating to financial years 1996-97, 1997-98 and 1998-99 and it was noticed that despite having share capital of more than Rs. 50 lacs as on 31.03.1996, the company did not have a Whole-time secretary from 18.09.1997, thus rendering it liable for penal action under Section 383(1A) of the Act. On the basis of the aforesaid inspection report, a complaint was filed before the concerned court through Deputy Registrar of Companies, NCT of Delhi and Haryana against the company as well as its Managing Directo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issions were advanced on the maintainability of the petition, but in the written submissions filed on 11.02.2013, an objection has been taken that a second petition under Section 482 Cr.P.C. is not maintainable. 5. The petitioners had earlier sought quashing of the summoning order by preferring a petition under Section 482 Cr.P.C. being Crl M.C. No. 109/2005 titled as Intercorp Industries Ltd. & Ors. v. State of Delhi & Ors. Initially, vide order dated 02.02.2005, the trial court proceedings were stayed but later, on 30.04.2007, the petition was dismissed as withdrawn with liberty to raise all the defences in the course of the proceedings before the trial court. 6. The abovementioned petition was filed primarily on the ground that the summoning order was passed without application of mind as the documents relied upon in the complaint were not filed along with it. A perusal of the trial court record would show that despite these grounds being urged in the earlier petition, the respondent did not take any corrective steps before the trial court by filing the relied upon documents even till the time, notice under Section 251 Cr.PC. was framed. 7. Even the ld. ACMM continued to over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e inherent power of the High Court to make such Orders as it deems fit to prevent abuse of the process of the Court or to secure the ends of justice and the High Court must, therefore, exercise its inherent powers having regard to the situation prevailing at the particular point of time when its inherent jurisdiction is sought to be invoked. The High Court was in the circumstances entitled to entertain the subsequent application of Respondents Nos. 1 and 2 and consider whether on the facts and circumstances then obtaining the continuance of the proceeding against the respondents constituted an abuse of the process of the Court or its quashing was necessary to secure the ends of justice." 10. The proceedings in the complaint case continued before the learned ACMM. The subsequent order vide which the notice was framed under Section 251 Cr.P.C. was also passed in absence of any supporting documents, a fresh cause of action accrued and in light of the aforementioned decisions, the objection raised as to non-maintainability of the present petition has no merit and the same is rejected. 11. The law on summoning of an accused and the requisite application of mind at that stage is well e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earance. The application of mind is best demonstrated by disclosure of mind on the satisfaction. If there is no such indication in a case where the Magistrate proceeds Under Sections 190/204 Code of Criminal Procedure, the High Court Under Section 482 Code of Criminal Procedure is bound to invoke its inherent power in order to prevent abuse of the power of the criminal court. To be called to appear before the criminal court as an Accused is serious matter affecting one's dignity, self-respect and image in society. Hence, the process of criminal court shall not be made a weapon of harassment." (emphasis added) 13. Recently, the Supreme Court in Birla Corporation Limited and Ors. v. Adventz Investments and Holdings Limited and Ors. reported as (2019) 16 SCC 610 reaffirmed and reiterated the principle as follows: "38. Extensive reference to the case law would clearly show that the allegations in the complaint and complainant's statement and other materials must show that there are sufficient grounds for proceeding against the accused." 14. Similarly, in Bhushan Kumar (Supra), the Supreme Court emphasized the application of mind at the stage of framing of notice in followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that document marked and referred to as Annexure 1 to Annexure 6 along with the complaint have not been filed as marked documents. The complaint could have been rejected there and then." 16. The above decision attained finality between the parties as the respondent did not challenge it before the Supreme Court. 17. Coming back to the facts in present case, the respondent in this case as well, chose to file the criminal complaint without any supporting documents despite referring to them in the body of the complaint. 18. A perusal of the complaint would show that in Para 4, it was stated that the criminal complaint had been filed only on the basis of an Inspection Report, conducted at the behest of the respondent which revealed the alleged contravention. However, neither the contents of any Inspection Report were reproduced in the complaint nor the same was filed along with the complaint. 19. Learned ACMM, while passing the order on summoning had completely overlooked this aspect that not only the Inspection Report, which was stated to be the very basis of filing the complaint, was not filed, but the other supporting documents mentioned in the complaint were also not placed on r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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