TMI Blog2010 (10) TMI 1226X X X X Extracts X X X X X X X X Extracts X X X X ..... deed in the name of his brother Davinder Singh son of Sucha Singh, resident of village Bharariwal, Tehsil and District Amritsar in respect of a part of property of the complainant bearing No. 1483-84/9 situated at Inner Circular Road, Gate Hakima, Amritsar by taking advantage of his post and that of the illiteracy and ignorance of the complainant. The accused gave a post dated cheque in favour of the complainant bearing No. 518649 dated 11.1.2010 for a sum of ₹ 15,50,000/- (Rupees Fifteen lacs and fifty thousand only) drawn on the State Bank of India, town Hall, Amritsar under his signatures in order to discharge the liability of his brother in connivance and in conspiracy with whom the accused propounded and fabricated the same sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide cheque returning memo dated 6.2.2010 bearing same remarks insufficient funds . 4. That the accused intentionally and deliberately issued the same cheque with a view to cheat the complainant and to have wrongful gain for himself and wrongful loss to the complainant. In fact, the accused was not having sufficient funds in his account to meet out the payment of the said cheque amount and in order to hoodwink the complainant, the accused issued him the said false and bogus cheque. The complainant presented the said cheque twice for encashment as per the assurance of the accused. However, the same was received back with the aforesaid memos which clearly depict that the accused had issued the said cheque with mala fide intention and ulter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26 or the inherent powers under Section 482, Cr.P.C. Can be exercised by the High Court either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently chennelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised :- (1) Where the allegations made in the first information report or the complainant/respondent No. 2, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used and with a view to spite him due to private and personal grudge. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice. 6. The complainant has filed this complaint qua dishonour of cheque (Annexure P-2) dated 11.1.2010. The said cheque has been issued by the petitioner in favour of Muktyar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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