TMI Blog2020 (11) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... complainant u/s 200 Cr.P.C. was in reiteration of contention of complaint and u/s 202 Cr.P.C. there was an affidavit annexing all those documentary evidence and on the basis of these evidence collected by the Magistrate in its enquiry a prima-facie case for offence punishable u/s 138 N.I. Act was made out. Accordingly, the applicant Shalu Mehrotra was summoned for above offence punishable u/s 138 of N.I. Act. Saving of inherent power of High Court, as given under Section 482 Cr.P.C, provides that nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Sri Sanjeev Sehgal, learned counsel for the applicant and learned A.G.A. representing the State. Perused the records. 2. This application under Section 482 Cr.P.C. has been filed by applicant Shalu Mehrotra against State of U.P. and another with prayer to quash summoning order dated 2.1.2019 passed by Additional Judge, Moradabad, in Criminal Complaint Case No. 3273 of 2018, Gaurav Ahuja Vs. Shalu Mehrotra, u/s 138 of N.I. Act, as well as order dated 7.8.2019 passed by the Additional Judge, Moradabad, on discharge application and the order dated 27.9.2019 passed by Additional District Sessions Judge/ Special Judge (Gangster Act), Moradabad, in Criminal Revision No. 169 of 2019, Shalu Mehrotra Vs. State of U.P. and another, whereby cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Hence this application with above prayer. 4. Learned A.G.A. has vehemently opposed the above argument. 5. Having heard learned counsel for both sides and gone through the material on record, it is apparent that a complaint was filed by Gaurav Ahuja against Smt. Shalu Mehrotra for offence punishable u/s 138 of N.I. Act with this contention that Smt. Shalu was in acquaintance with Gaurav Ahuja and a contact in between through Vaibhav Tandon, son of Anil Tandon, resident of Civil Line, Moradabad, in the month of October, 2017 was made by Smt. Shalu Mehrotra for a loan of Rs. Three lacs and it was assured to be returned back within 3-4 months. Upon this assurance extended by Vaibhav Tandon and Smt. Shalu Mehrotra, Rs. Three lacs were le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as Criminal Revision No. 169 of 2019, Shalu Mehrotra Vs. State of U.P. and another, and it was decided by Court of Additional District Session Judge, Court No. 5, Moradabad, vide order dated 27.9.2019, whereby revision was dismissed. 6. As has been propounded by Apex Court in Fiona Shri Khande vs. State of Maharashtra and another, AIR 2014, Supreme Court 957 , that the Magistrate is not to meticulously analyse all the facts and evidence at the stage of section 204 Cr.P.C. Rather it is to be seen as to whether there is prima-facie ground for issuing process against the accused under Section 204 Cr.P.C. or not. In the present case, there is a cheque issued by applicant Shalu Mehrotra for payment of Rs. Three lacs, it was presented f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Meaning thereby this inherent power is with High Court (I) to make such order as may be necessary to give effect to any other order under this Code (II) to prevent abuse of the process of any Court (III) or otherwise to secure the ends of justice. But Apex Court in State of Andhra Pradesh v. Gaurishetty Mahesh, JT 2010 (6) SC 588: (2010) 6 SCALE 767: 2010 Cr. LJ 3844 has propounded that While exercising jurisdiction under section 482 of the Code, the High Court would not ordinarily embar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised in respect of substantive as well as procedural matters. It can as well be exercised in respect of incidental or supplemental power irrespective of nature of proceedings . 10. Regarding prevention of abuse of process of Court, Apex Court in Dhanlakshmi v. R.Prasana Kumar, (1990) Cr LJ 320 (DB): AIR 1990 SC 494 has propounded To prevent abuse of the process of the Court, High Court in exercise of its inherent powers under section 482 could quash the proceedings but there would be justification for interference only when the complaint did not disclose any offence or was frivolous vexatious or oppressive as well as in State of Bihar v. Murad Ali Khan, (1989) Cr LJ 1005: AIR 1989 SC 1 , Apex Court propounded In exercising ..... X X X X Extracts X X X X X X X X Extracts X X X X
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