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2014 (10) TMI 628 - SC - Indian Laws


Issues Involved:
1. Quashing of criminal proceedings against the appellant.
2. Allegations of conspiracy and negligence by the appellant.
3. Application of Section 482 Cr.P.C. for quashing the complaint.

Issue-wise Detailed Analysis:

1. Quashing of Criminal Proceedings Against the Appellant:
The appellant sought to quash the proceedings in Complaint Case No. 2397 of 2012 under various sections of the IPC, pending before the Additional Chief Judicial Magistrate, Ghaziabad. The High Court of Allahabad had previously refused this prayer. The Supreme Court examined whether the continuation of the criminal proceedings against the appellant constituted an abuse of the process of law. The appellant argued that he had no involvement in the alleged offences and that his name was included in the complaint to malign and defame him. The Supreme Court concluded that the complaint did not make out any offence against the appellant and that the continuation of the criminal proceedings was an abuse of process of law.

2. Allegations of Conspiracy and Negligence by the Appellant:
The complainant alleged that the appellant, as the Branch Manager of the Ghaziabad District Co-operative Bank, was part of a conspiracy to misuse stolen cheques from the complainant's account. The appellant was accused of failing to inform the police or the complainant when a stolen cheque was presented for payment, despite having received written instructions on 17th May 2004 to cancel the lost cheques. The Supreme Court found that the appellant had not cleared the cheque when it was presented and that his alleged failure to inform the police did not constitute a criminal offence but, at most, negligence or dereliction of duty.

3. Application of Section 482 Cr.P.C. for Quashing the Complaint:
The Supreme Court emphasized the scope and ambit of Section 482 Cr.P.C., which allows the High Court to prevent abuse of process and secure the ends of justice. The Court cited precedents, including Medchl Chemicals & Pharma (P) Ltd. v. Biological E. Ltd. and State of Haryana v. Bhajan Lal, which outline the cautious approach required when exercising this power. The Court reiterated that the power under Section 482 should be used sparingly and only in exceptional cases where the uncontroverted allegations in the complaint do not disclose any offence. In this case, the Supreme Court determined that the allegations against the appellant did not prima facie establish any offence, and thus, the continuation of the proceedings would result in a miscarriage of justice.

Conclusion:
The Supreme Court allowed the appeal, setting aside the High Court's judgment and quashing the criminal proceedings against the appellant in Complaint Case No. 2397 of 2012. The Court held that the continuation of the criminal proceedings was an abuse of process of law and that the complaint did not attract the ingredients of the alleged offences under the IPC.

 

 

 

 

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