TMI Blog2011 (11) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... ers dated 18th February 2003, by which the Criminal Complaint filed against the Respondents in this appeal, for having committed offences under Sections 406 and 409 of the Indian Penal Code, 1860 (for short Indian Penal Code ) had been dismissed in default by the Chief Judicial Magistrate, Muktsar; and 9th November 2005 by which the application for restoration of the said complaint was dismissed. 3. Succinctly put, the material facts giving rise to the present appeal are as follows: The Appellant, a statutory body, constituted under the Warehousing Corporation Act, 1962, filed a private criminal complaint under Sections 406 and 409 of the Indian Penal Code against the Respondents, alleging shortage of huge quantity of rice in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... After considering the arguments of the parties at length, I am considered of the view that complaint was dismissed in default. Complainant was already exempted from the personal appearance on 16.4.99 and thereafter he appeared in the court in person. The orders have become redundant and the complainant had to seek afresh exemption from appearance. From the perusal of the record, it appears that complainant has never moved any fresh application for exemption nor the same was ever allowed and as such the order of dismissal dated 19.2.03 has become final and counsel for the accused has referred the Apex Court judgments and I have gone through the same and find a force in the contention of the learned counsel for accused. There is no prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... em Shabanli Merchant v. Brij Mehra and Anr.(2005) 11 SCC 412, Learned Counsel has urged that having regard to the serious nature of the charges against the Respondents, the complaint should not have been dismissed in default on account of non appearance of the complainant, who had been otherwise exempted from personal appearance, and the case ought to have been tried on merits. In support of his contention that dismissal of the complaint because of a singular default in appearance on the part of the complainant, was improper, Learned Counsel relied upon the decision of this Court in Mohd. Azeem v. A. Venkatesh and Anr. (2002) 7 SCC 726. It is also argued that having regard to the nature of the case, the High Court committed a patent error i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iii) to otherwise secure the ends of justice. Nevertheless, it is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction of the Court. Undoubtedly, the power possessed by the High Court under the said provision is very wide but it is not unlimited. It has to be exercised sparingly, carefully and cautiously, ex debit justifies to do real and substantial justice for which alone the court exists. It needs little emphasis that the inherent jurisdiction does not confer an arbitrary power on the High Court to act according to whim or caprice. The power exists to prevent abuse of authority and not to produce injustice. 22. In Dinesh Dutt Joshi v. State of Rajasthan MANU/SC/0642 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1999, exempting him from personal appearance, the said exemption order became redundant and the complainant should have sought a fresh exemption from personal appearance. We feel that such a view defies any logic. An order of exemption from personal appearance continues to be in force till it is revoked or recalled. We are convinced that in the instant case, rejection of Appellant's petition under Section 482 of the Code has resulted in miscarriage of justice. Availability of an alternative remedy of filing an appeal is not an absolute bar in entertaining a petition under Section 482 of the Code. As aforesaid, one of the circumstances envisaged in the said Section, for exercise of jurisdiction by the High Court is to secure the ends of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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