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TMI Blog2021 (10) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... espondents. The continuation of criminal proceedings arising out of the complaint would result in miscarriage of justice, thus, it is imperative for the Court to quash the impugned complaint in exercise of its powers under Section 561-A Cr.PC. The petitioner has been charged under different provisions of Negotiable Instruments Act and Ranbir Penal Code jointly and the said action of the respondent is without any authority and mandate of law. The complaint filed is time barred. 2. Notice of petition was given to respondents, who caused their appearance through his counsel. 3. Heard learned counsel for the parties and perused the material on record. 4. Section 482 of the Code of Criminal Procedure, provides that nothing in the Code shall be deemed to limit or affect the inherent powers of the High Court to make such order as may be necessary to give effect to any order under the Code, or to prevent the abuse of the process of any Court or otherwise to secure the ends of justice. While exercising powers under Section 482, the court, however, has to keep in mind that it would not ordinarily embark upon an inquiry whether the evidence in question is reliable or not, or whether on a r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... autious. It casts an onerous and more diligent duty on the Court. 8. The Supreme Court in State of Haryana and others v. Bhajan Lal and others, 1992 Supp (1) SCC 335, has considered the scope and ambit of Section 482 Cr. P.C. and Article 226 of the Constitution of India. After noticing various earlier judgments, the Supreme Court gave certain categories of cases by way of illustration, where the power under Section 482 Cr. P.C. can be exercised to prevent abuse of the process of the Court or secure ends of justice. Paragraph 102, which provides seven categories of cases where power can be exercised under Section 482 Cr. P.C, is reproduced as under:- "102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 482of the Code in a case of this nature is the exception and not the rule. The Section does not confer any new powers on the High Court. It only saves the inherent power which the Court possessed before the enactment of the Code. It envisages three circumstances under which the inherent jurisdiction may be exercised, namely, (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice. It is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 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)...... xxxxxxx 8 As noted above, the powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. High Court being the highest Court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sent case, it is to be seen as to whether on the grounds taken up by the petitioner, the complaint and the process issued by the trial court can be quashed by invoking the inherent powers under Section 482 Cr.PC. 11. Briefly, stated facts of the case on the basis of which complaint has been filed by the respondent before the Trial court are that the petitioner is a business man, who is dealing in the business of dry fruits. The petitioner purchased walnut stocks from the respondent and issued a cheque bearing No. 114162 dated 03.09.2013 to the respondent for an amount of Rs. 6.00 lacs. When the said cheque was presented for encashment by the respondent before the bank and the cheque was returned with the memo, "funds are not sufficient". After the cheque was returned by the bank on the ground that the petitioner was not having sufficient funds in his account to honour the cheque, respondent issued a notice dated 01.01.2014 to petitioner herein and demanded the payment to be made to him. Despite the notice having been given to petitioner, petitioner failed to pay the amount of cheque to the respondent. When the complainant again approached the petitioner for the payment (as alleged ..... 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