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TMI Blog2018 (8) TMI 769X X X X Extracts X X X X X X X X Extracts X X X X ..... agistrate of North District alleging offences punishable under Sections 107, 109, 409, 420, 464, 465, 467, 468, 471, 120-B/34 IPC to have been committed. The complaint was accompanied by an application seeking a direction to the police under Section 156 (3) of the Code of Criminal Procedure, 1973 (Cr. PC) to register a case and investigate the matter. The Metropolitan Magistrate by his order dated 06.12.2016, however, was not impressed with the prayer for direction to the police to investigate. While declining the said prayer, he took cognizance on the criminal complaint calling upon the petitioner (complainant) to examine himself and his witnesses under Section 200 Cr. PC and posted the matter for an appropriate date for such purposes. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "Ordinarily, when revision has been barred by Section 397(3) of the Code, a person - accused/complainant - cannot be allowed to take recourse to the revision to the High Court under Section 397(1) or under inherent powers of the High Court under Section 482 of the Code since it may amount to circumvention of provisions of Section 397(3) or Section 397(2) of the Code." 5. In Kailash Verma vs. Punjab State Civil Supplies Corporation & Anr., (2005) 2 SCC 571, the Supreme Court observed thus :- "5. It may also be noticed that this Court in Rajathi v. C. Ganesan [(1999) 6 SCC 326 : 1999 SCC (Cri) 1118] said that the power under Section 482 of the Criminal Procedure Code has to be exercised sparingly and such power shall not be utilised as a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted. 7. A learned single judge of this court in Surender Kumar Jain vs. State & Anr., ILR (2012) 3 Del 99 accepted such objections in another similarly placed petition under Section 482 Cr. PC observing thus :- "5. The issue regarding filing of petition before the High Court after having availed first revision petition before the Court of Sessions has come up before the Supreme Court and this Court repeatedly. While laying that section 397(3) Cr. P.C. laid statutory bar of second revision petition, the courts have held that High Court did enjoy inherent power under section 82 (sic) Cr. P.C. as well to entertain petitions even in those cases. But, that power was to be exercised sparingly and with great caution, particularly, when the pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of providing loans and further that he had executed certain documents to avail of certain loan facility though, as per his case, upon being induced to do so. It is also his admitted case in the context of the said loan facility that he had also signed on certain documents for opening an account with Union Bank of India, Model Town branch, New Delhi so that the loan amount, when extended, could be disbursed in his favour by deposit into the said account. It is further his admitted case that in January 2016, he had been served with a legal notice of demand by M/s. DPA Finance Pvt. Ltd. stating, inter alia, that he was in default in repayment of the loan amount which had thus been recalled and he having been called upon to pay the same back. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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