TMI Blog2014 (1) TMI 1943X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 482 of the Code. Jurisdiction under this section has to be exercised to prevent abuse of the process of any court or otherwise to secure the ends of justice. In Bhajan Lal's case [ 1990 (11) TMI 386 - SUPREME COURT ], this Court enumerated the categories of cases, by way of illustration, wherein the High Court would be justified in exercising its inherent power under Section 487 Code of Criminal Procedure, or Article 226 of the Constitution of India to prevent abuse of the process of court or to otherwise secure the ends of justice. The case pleaded by the Petitioner squarely falls within the ambit of propositions 5 and 7. In view of the above, the order passed by the High Court cannot be upheld, and the same is hereby set aside - The appeal is allowed. - S.S. Nijjar And A.K. Sikri, JJ. For the Petitioner :Ms. Indu Malhotra, Sr. Adv., Mr. Nishant Datta, Adv., Mr. Vivek Jain, Adv., Mr. Vikas Mehta, Adv. For the Respondent : Mr. Anilendra Pandey, Adv., R-2 Ms. Priya Kashyap, Adv., Mr. H.K. Chaturvedi, Adv. for Dr. Kailash Chand, Adv. JUDGMENT 1. Leave granted. This appeal, by special leave, has been filed by the Appellant impugning the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot in conformity with the specification provided by the Appellant. Therefore, the Appellant raised a debit note on 20th October, 2008 on the Respondent, with the consent of the Respondent. It is also brought to our notice by Ms. Indu Malhotra, learned Senior Counsel, that the Respondent No. 2 had been working with the Appellant for quite some time and had an on-going business relationship with the Appellant. It was in consideration of the established relationship that the Respondent No. 2 had agreed to accept the goods supplied as deficient and had promised to adjust the amount mentioned in the debit note against future orders. But on 28th January, 2009 the Respondent No. 2 sent a legal notice demanding payment of balance amount of ₹ 1,52,018. The Appellant replied to the Respondent No. 2's legal notice on 4th February, 2009, denying the liability for the reason stated above. She submits that the criminal complaint has been filed to harass the Appellant who is a widow and only earning member of her family. She submits that criminal complaint has been filed maliciously. It being abuse of the process of law was required to be quashed. 5. We have perused the complaint, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estions of fact, which can only be gone into by the trial Court. 7. The fact that the dispute involved between the parties is purely civil in nature and has, in fact, been admitted in the counter affidavit filed on behalf of Respondent No. 2. In Paragraph 5.1, it has been stated as follows: 5.1 That the contents of the para No. 5.1 are wrong. Hence denied. The complaint clearly disclose the commission of criminal offence. It is correct that the dispute was initially pertaining to commercial one, however this commercial dispute has been converted into criminal one later on. 8. Clearly, it is evident that the utterances which are attributed to the Appellant have been inserted in the complaint with a malicious intent to convert a purely civil dispute into a criminal offence. In the case of Anil Mahajan v. Bhor Industries Ltd. and Anr. (2005) 10 SCC 228, examining similar fact situation, this Court observed as follows: 6. The order of the Magistrate was challenged before the Court of Session. The learned Additional Sessions Judge, Pune, by order dated 19-10-2001 has set aside the order of the Magistrate issuing process. It has been stated by the learned Additional Sessions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce is said to have been committed. Therefore it is the intention which is the gist of the offence. To hold a person guilty of cheating it is necessary to show that he had fraudulent or dishonest intention at the time of making the promise. From his mere failure to keep up promise subsequently such a culpable intention right at the beginning, that is, when he made the promise cannot be presumed. 21. It is clear from the allegations made in the complaint and the sworn statements that Appellant 1 Company entered into an agreement with Respondent 2 on certain terms and conditions. It is alleged that Appellant 7 went to Patna and contacted Respondent 2 and induced him to enter into an agreement assuring him of huge profit. At the time of arriving at such an agreement, none of the other Appellants either met Respondent 2 or induced him to enter into any agreement with a view to cheat him. The agreement was further renewed for a period of one year. It is not the case that there was no supply of goods at all as it has come on record that there was supply of 400 tons of fertilizer, maybe it was far less than the required quantity. The allegations made against the Appellants other than Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X
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