2020 (11) TMI 425 - HC - Indian Laws

Dishonor of Cheque - applicant submits that applicant is innocent, he has committed no offence and has been falsely implicated in the present case and he has not issued any cheque in favour of complainant-opposite party no.2 herein and from the perusal of application / complaint no case is made out - HELD THAT - Admittedly copy of the cheque is not annexed on record. Issuance of cheque or signature on the cheque has not been specifically denied by the accused-applicant; whether cheque has been issued by the accused-applicant or not is the matter of evidence and it can only be adjudicated after the evidence is adduced by both the parties. Merit of the case cannot be adjudicated under Section 482 Cr.P.C. It is well settled that exercise of powers under Section 482 of the Cr.P.C. is the exception and not the rule. Under this section, the High Court has inherent powers to make such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of process of any court or otherwise to secure the ends of justice. But the expressions abuse of process of law or to secure the ends of justice do not confer unlimited jurisdiction on the High Court and the alleged abuse of process of law or the ends of justice could only be secured in accordance with law, including procedural law and not otherwise. Application dismissed.

Summary

Issues:
Application under Section 482 Cr.P.C. for quashing Complaint Case No.476 of 2001 under Sections 138 Negotiable Instruments Act and 420 IPC pending in the Court of Chief Judicial Magistrate, Hathras and related orders.

Analysis:
1. The applicant sought to quash the complaint, alleging innocence and false implication. The counsel argued no case was made out as the reason for issuing the cheque was not mentioned.

2. The State AGA opposed, stating the accused issued a forged cheque leading to dishonor by the bank. The Magistrate found grounds to proceed, emphasizing that factual disputes should be resolved during trial.

3. The complaint accused the applicant of issuing a dishonored cheque, leading to legal proceedings. The trial court recorded the complainant's statement, leading to the summoning order against the accused.

4. The accused's review application and subsequent revision were dismissed, leading to the present application under Section 482 Cr.P.C. before the High Court.

5. The High Court noted the absence of the cheque copy on record and emphasized that the truthfulness of allegations should be determined during trial, not at this stage.

6. Citing legal precedents, the High Court highlighted that the presence of necessary ingredients in the complaint justified proceeding with the case, as the question of proving allegations arises later.

7. Referring to earlier judgments, the High Court emphasized that the court should not quash proceedings prematurely based on minor omissions in the complaint, and the evidence should be assessed during trial.

8. The High Court dismissed the application under Section 482 Cr.P.C., citing the lack of grounds for interference and the absence of grave injustice in the case.