9911796707
TMI Blog2000 (1) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... he conclusion that the High Court by the impugned order has exceeded its jurisdiction vested under section 482 in quashing the criminal procee-ding. We, therefore, set aside the impugned order of the High Court and direct that the complaint proceeding should proceed in accordance with law. - CRIMINAL APPEAL NO. 235 OF 1998 - - - Dated:- 27-1-2000 - G.B. PATTANAIK AND R.P. SETHI, JJ. Sushil Kumar, Sanjay Jain and R.P. Wadhwani for the Appellant. T.C. Vishwanath Iyer and T.G. Narayana Nair for the Respondent. JUDGMENT 1. This appeal is directed against the judgment of the Karnataka High Court quashing a criminal proceeding instituted by the complainant-company alleging that the accused-respondent, who was a form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offence in which cognisance has been taken, we fail to understand as to how an application could be filed under section 245 of the Code of Criminal Procedure, 1973 ( Code ). When a complaint is filed, if the magistrate, after examining the complainant on oath and the witnesses produced by him, comes to the conclusion that a prima facie case is made out, then he takes cognisance of the offence and directs issuance of process. If the magistrate thinks that further enquiry is necessary, he can postpone issuance of process and either enquire into the case himself or direct further investigation to be made for the purpose of deciding whether or not there is sufficient ground for proceeding, as provided in section 202 of the Code. If ultimatel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Civil Court in a suit for injunction filed by the company-complainant, to the effect that the property in question had not been delivered to the accused as a director of the company and on that basis quashed that proceeding. It has been repeatedly held by this court that the power of the High Court under section 482 of the Code should be sparingly and cautiously exercised and only when the Court on consideration, comes to a conclusion that otherwise it would be a case of abuse of process of the court or that there will be gross miscarriage of justice. In a case instituted on complaint, the High Court was possibly not entitled to look to the several documents purported to have been filed by the accused in several civil proceedings, and rely ..... X X X X Extracts X X X X X X X X Extracts X X X X
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