9911796707
TMI Blog2025 (1) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that both of them are known to each other and are having cordial relations. Thereafter, the petitioner (hereinafter referred as 'accused') has borrowed a sum of Rs.2,00,000/- for the medical check-up of her son. Thereafter, the complainant on request and demand made by the accused, gave Rs.1,90,000/- to the accused, out of which, Rs.50,000/- were returned by the accused, in cash and the accused failed to return the balance amount of Rs.1,40,000/-. 3. It has also been pleaded that on the request of complainant, accused issued a cheque of Rs.50,000/-, bearing No. 732363, dated 05.10.2016, drawn on State Bank of India, Branch Dharamshala. Thereafter, the respondent sent said cheque for encashment to her Banker Punjab National Bank, Kangra Road, Dharamshala, but, the same was returned with the remarks "Drawer Signature Differs", vide memo dated 07.10.2016. 4. Thereafter, the complainant sent a legal notice, dated 27.10.2016, to the accused and a complaint was filed against the accused, before the learned trial Court. 5. The learned trial Court has thereafter, passed the summoning order. 6. The quashing of the complaint, as well as, the subsequent proceedings has been sought, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uments of learned counsel appearing for the respondent (complainant) were heard and the order was reserved. 10. The accused is seeking quashing of the complaint, on the grounds, as mentioned in the petition. 11. It is no longer res integra, that this Court, while exercising the powers under Section 482 of Cr.P.C. cannot assume the role of trial Court and the defence, if any, of the accused cannot be taken into consideration, at this stage, as it is for the accused to prove his defence by leading the cogent evidence before the trial Court. 12. Scope of Section 482 Cr.P.C., has elaborately been discussed by the Hon'ble Apex Court, in the year 1992, in the lead case reported as 1992 CrLJ, 527, titled as State of Haryana Vs. Chaudhary Bhajan Lal & Others, in which, the Hon'ble Apex Court has formulated the guidelines for exercising the powers under Section 482 Cr.P.C. Relevant paragraph 107 of the judgment is reproduced as under:- "107. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. 2. Where the allegations in the First Information Report and other materials, if any, accompanying the FIR. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156 (1) of the Code except under an order of a Magistrate with the purview of Section 155(2) of the Code. 3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. 4. Where, the allegations in the FLR do not constitute a cognizable offence but constitute only. a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. 5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to do the right and to undo a wrong in course of administration of justice on the principle quando lex aliquid alique concedit, conceditur et id sine quo res ipsa esse non potest (when the law gives a person anything, it gives him that without which it cannot exist). While exercising powers under the section, the Court does not function as a court of appeal or revision. Inherent jurisdiction under the section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself. It is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone courts exist. Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent such abuse. It would be an abuse of the process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercise of the powers court would be justified to quash any proceeding if it finds that initiation or continuance of it amounts to abuse of the process of court or quash ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of quashing the proceeding at any stage. [See Janata Dal v. H.S. Chowdhary [(1992) 4 SCC 305 : 1993 SCC (Cri) 36 : AIR 1993 SC 892] and Raghubir Saran (Dr.) v. State of Bihar [AIR 1964 SC 1 : (1964) 1 Cri LJ 1] .] It would not be proper for the High Court to analyse the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premises, arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with. In a proceeding instituted on complaint, exercise of the inherent powers to quash the proceedings is called for only in a case where the complaint does not disclose any offence or is frivolous, vexatious or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognisance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Code. It is not, however, necessary that there should be meticulous analysis of the case before the trial to find out whether the case would end in convict ..... X X X X Extracts X X X X X X X X Extracts X X X X
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