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TMI Blog2025 (1) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... held that ' 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 226 or the inherent powers under section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.' Now, if the facts and circumstances of this case are seen in the light of the the above decisions of the Hon ble Supreme Court, this Court is of the considered opinion that all the grounds, which have been taken in the petition, are based upon the defence of the accused, which will only to be considered by the learned trial Court - The petition is totally silent as to how the complaint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st 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, on the following grounds:- a) That the complainant was not known to the accused nor the accused has ever met the complainant. b) That the accused has lodged the lost report regarding the fact that she has lost her cheque book, containing the cheque bearing No. 732363 dated 05.10.2016, on 01.12.2015 with Police Station Dharamshala. In this regard, the accused has also informed her banker telephonically and also made a written request dated 30.06.2016 to cancel/stop the cheques, along with the police report dated 01.12.2015. c) That the accused has never issued the above cheques to the complainant. d) That complainant in connivance with her sister-Shiksha is misusing the lost check book, as the complainant, through her sister- Shiksha has also filed a complaint, bearing No.200 of 2016, which is pending before Chief Judicial Magistrate, Kangra at Dharamshala, Distt. Kangra. e) No case is made out under, Section 138 of the NI Act, f) as necessary ingredients have not been mentione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions 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 226 or the inherent powers under section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. 1. Where the allegations made in the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 against the accused. 6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. 7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. 13. This view has again been reiterated by a three Judge Bench of the Hon ble Apex Court in Neeharika Infrastructure Pvt. Ltd. Versus State of Maharashtra Others, 2021 SCC Online SC 315. Relevant paragraph 38 of the judgment is reproduced as under:- 38. In the case of Golconda Lingaswamy (supra), after considering the decisions of this Court in the cases of R.P. Kapur (supra) and Bhajan Lal (supra) and other deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be justified to quash any proceeding if it finds that initiation or continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a complaint is sought to be quashed, it is permissible to look into the materials to assess what the complainant has alleged and whether any offence is made out even if the allegations are accepted in toto. 7. In dealing with the last category, it is important to bear in mind the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appreciation, may or may not support the accusations. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial Judge. Judicial process, no doubt should not be an instrument of oppression, or, nee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecessary that there should be meticulous analysis of the case before the trial to find out whether the case would end in conviction or acquittal. The complaint/FIR has to be read as a whole. If it appears that on consideration of the allegations in the light of the statement made on oath of the complainant or disclosed in the FIR that the ingredients of the offence or offences are disclosed and there is no material to show that the complaint/FIR is mala fide, frivolous or vexatious, in that event there would be no justification for interference by the High Court. When an information is lodged at the police station and an offence is registered, then the mala fides of the informant would be of secondary importance. It is the material collected during the investigation and evidence led in court which decides the fate of the accused person. The allegations of mala fides against the informant are of no consequence and cannot by themselves be the basis for quashing the proceeding. 14. Now, if the facts and circumstances of this case are seen in the light of the the above decisions of the Hon ble Supreme Court, this Court is of the considered opinion that all the grounds, which have been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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