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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 ..... M/s. DPA Finance Pvt. Ltd. engaged in the business 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. The Magistrate was not satisfied with the prayer for direction to the police for investigation under Section 156(3) Cr. PC holding that the evidence is available and that the complainant was in a position to adduce the same - This court finds no special case made out for this court to exercise the extraordinary jurisdiction under Section 482 Cr. PC in the matter at hand. There is no miscarriage of justice or illegality in the approach adopted by the two courts below. Petition dismissed. - CRL.M.C. 164/2018 - - - Dated:- 3-7-201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision petition (no.7/2017) was dismissed by the Additional Sessions Judge by order dated 22.02.2017 which is sought to be challenged by the petition at hand invoking the jurisdiction of this court under Section 482 Cr. PC. 3. A procedural issue has arisen, in the above context, as to whether the petitioner having availed of the remedy of revision should be allowed to take recourse to Section 482 Cr. PC as a substitute for virtually initiating a second revisional challenge or scrutiny which is clearly barred under Section 397(3) Cr. PC. 4. In Rajinder Prasad Vs. Bashir, (2001) 8 SCC 522, the Supreme Court referring to its earlier decision in Krishnan Vs. Krishnaveni, (1997) 4 SCC 241 held that ...though the power of the High Court und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to revision before the High Court under Section 397(1) of the Criminal Procedure Code as it is prohibited under Section 397(3) thereof. However, the High Court can entertain a petition under Section 482 of the Criminal Procedure Code when there is serious miscarriage of justice and abuse of the process of the court or when mandatory provisions of law are not complied with and when the High Court feels that the inherent jurisdiction is to be exercised to correct the mistake committed by the revisional court. (emphasis supplied) 6. The learned counsel for the petitioner, placing reliance on Dhariwal Tobacco Products Ltd. and Ors. VS. State of Maharashtra and Anr., 2009 (2) SCC 370 and Shakuntala Devi and Ors. Vs. Chamru Mahto and Anr., (2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first revision court would have the right to be heard by the High Court to assail the same order which was the subject matter of the revision before Sessions Court. It was all to depend not only on the facts and circumstances of each case, but as to whether the impugned order bring about a situation which is an abuse of process of court or there was serious miscarriage of justice or the mandatory provisions of law were not complied with. The power could also be exercised by this Court if there was an apparent mistake committed by the revisional court. Reference in this regard can be made to the judgments of the Supreme Court in Madhu Limave v. State of Maharashtra(1977) 4 SCC 551, State of Orissa v. Ram Chander Aggarwal, (1979) 2 SCC 305 : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with allegations that his cheque for payment of the said amount to the said company had been returned unpaid by the bank upon it being presented, such facts leading to his prosecution for offence under Section 138 of the Negotiable Instruments Act, 1881 (in short, N.I. Act). 9. It is the allegation of the petitioner that he had withdrawn his request for loan amount even before it was disbursed and further that he had been assured that the papers on which he had signed and handed over in that context would be destroyed. He alleges that forgery had been committed by creation of certain cheques purportedly having been issued by him leading to the said notice of demand and the prosecution under Section 138 of the N.I. Act, this aside from t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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