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TMI Blog2023 (8) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... is also assailed. The petition inter-alia states that a private complaint alleging offence under Section 138 of Negotiable Instruments Act was filed before learned Judicial Magistrate First Class, Ambah, District Morena against the petitioner. After preliminary enquiry, the same was registered as Special Case No.NIA 09/2018. Learned trial Court took cognizance of the offence punishable under Section 138 of Negotiable Instruments Act vide order dated 02/04/2018, thereafter, charge for the same offence was framed against the petitioner vide order dated 06/09/2019. Being aggrieved by the registration of the complaint, cognizance and framing of charge against the petitioner, entire proceeding is challenged in the petition on the ground that n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these cheques were issued for settlement with regard to dissolution of partnership firm. Learned counsel for the petitioner further draws attention of the Court towards the partnership deed and the dissolution deed dated 24/10/2016 and 01/12/2017 respectively wherein it is mentioned that no amount is due between the parties. On the basis of above referred documentary evidence which were produced before the learned Judicial Magistrate on behalf of the complainant, learned counsel contends that no legally recoverable debt or liability was in existence between the parties, therefore, no offence under Section 138 of Negotiable Instruments Act was made out. Per contra, learned counsel for the respondent/complainant submits that the averment in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard to quashing of charge either in exercise of jurisdiction under Section 397 or Section 482 of the Code or together, as the case may be: 27.1. Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powers. The power of quashing criminal proceedings, particularly, the charge framed in terms of Section 228 of the Code should be exercised very sparingly and with circumspection and that too in the rarest of rare cases. 27.2. The Court should apply the test as to whether the uncontroverted allegations as made from the record of the case and the documents submitted therewith prima facie establish the offence or not. If t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se a civil claim is maintainable, does not mean that a criminal complaint cannot be maintained. 27.12. In exercise of its jurisdiction under Section 228 and/or under Section 482, the Court cannot take into consideration external materials given by an accused for reaching the conclusion that no offence was disclosed or that there was possibility of his acquittal. The Court has to consider the record and documents annexed therewith by the prosecution. 27.13. Quashing of a charge is an exception to the rule of continuous prosecution. Where the offence is even broadly satisfied, the Court should be more inclined to permit continuation of prosecution rather than its quashing at that initial stage. The Court is not expected to marshal the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14 SCC 466 : (2010) 1 SCC (Cri) 1412] ; V.V.S. Rama Sharma v. State of U.P. [(2009) 7 SCC 234 : (2009) 3 SCC (Cri) 356] ; Chunduru Siva Ram Krishna v. PeddiRavindraBabu [(2009) 11 SCC 203 : (2009) 3 SCC (Cri) 1297] ; SheonandanPaswan v. State of Bihar [(1987) 1 SCC 288 : 1987 SCC (Cri) 82] ; State of Bihar v. P.P. Sharma [1992 Supp (1) SCC 222 : 1992 SCC (Cri) 192 : AIR 1991 SC 1260] ; Lalmuni Devi v. State of Bihar [(2001) 2 SCC 17 : 2001 SCC (Cri) 275] ; M. Krishnan v. Vijay Singh [(2001) 8 SCC 645 : 2002 SCC (Cri) 19] ; Savita v. State of Rajasthan [(2005) 12 SCC 338 : (2006) 1 SCC (Cri) 571] and S.M. Datta v. State of Gujarat [(2001) 7 SCC 659 : 2001 SCC (Cri) 1361 : 2001 SCC (L&S) 1201] .] 27.16. These are the principles which indiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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