9911796707
TMI Blog2022 (11) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... eal against the order of acquittal under Section 378. Therefore, in view of the judgement pronounced in the case of MADHU LIMAYE VERSUS STATE OF MAHARASHTRA [ 1977 (10) TMI 111 - SUPREME COURT] there is no room for this Court to invoke the inherent jurisdiction to consider the order of acquittal passed by learned Trial Court, while dealing with an application under Section 482 of the Cr.P.C. challenging the legality of another judgement. While acknowledging the constitutional right of the litigants to have speedy jusice, Court should not and cannot pass any order that runs counter to the intention of the legislature as reflected in statutory provision. However, when it is found that the Opposite Party/complainant was prosecuting with du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 9th September, 1991 in favour of Radhe Shyam Murarka in discharge of their liability to pay the value of 65 bags of gram supplied on 31st July, 1991. The cheque was presented by the drawee and was returned for want of fund with the remarks Not arranged for . The complainant, thereafter, sent a notice dated 20th March, 1992 to the accused persons under registered post with acknowledgement due which came back with the endorsement Not claimed . Thereafter, the petition of complaint was filed under Section 138/141 of the N.I. Act. The parties adduced evidence and learned Trial Court was pleased to hold that the complainant failed to comply with the mandatory provision as laid down under the N.I. Act as the notice was not served upon the acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Opposite Party No. 1 so far the judgement impugned is concerned. But Mr. Hussain submits that provision of Section 482 of the Cr.P.C. can always be invoked by this Court to undo the wrong if any appears to have been committed by learned Trial Court, in order to secure ends of justice. It is adverted by Mr. Hussain that learned Trial Court refused to accept the service of statutory notice under Section 138 of the N.I. Act as good service, as the envelope containing the notice was returned to the sender with the postal endorsement Not claimed . According to Mr. Hussain, by several judicial pronouncements it has become the settled principle of law that Not claimed is good service. Therefore, this Court should exercise the jurisdiction ves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and generally, almost invariably, barring a few exceptions:- (1) That the power is not to be restored to if there is a specific provision in the Code for the redress of the grievance of the aggrieved party; (2) That it should be exercised very sparingly to prevent abuse of process of any Court or otherwise to secure ends of justice; (3) That it should not be exercised as against the express bar of law engrafted in any other provision of the Code. 10. Section 482 of Code of Criminal Procedure says:- 482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s:- 470. Exclusion of time in certain cases. (1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded: Provided that no such exclusion shall be made unless the prosecution relates to the same facts' and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the inju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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