Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482-Quashing of proceedings - Cheque issued by respondent no . 2 got dishonored - Appellant filed complaint uls. 138 of NI Act - Subsequently respondent no. 2 filed complaint u/ss.420, 467 , 468, 471 /PC against the appellant - Petition u/s.482 by appellant for quashing the criminal proceedings which was dismissed - Held: High Court erred in law in ignoring the fact that criminal complaint was already filed against E respondent no. 2 for offence u/s.138 of the N/Act-In view of the facts and circumstances of the case, initiation of criminal proceedings by respondent no.2 was a counterblast and was abuse of process - Thus, criminal proceedings against appellant quashed. Allowing the appeal, the Court HELD: 1. The object of exercise of power under the Section 482 is to prevent abuse of process of law, G and to secure ends of justice. The courts have to be very careful while exercising the power under Section 482 CrPC. At the same time a litigant cannot be allowed to file vexatious complaints to otherwise settle their scores by setting the criminal law into motion, which is a pure abuse of process of law and it has to be A interdicted at the threshold. In view of that and having regard to the facts and circumstances of the case in hand and after going through the criminal complaint filed against respondent No. 2 and thereafter, one filed by him against the appellant, it is a clear case of abuse of 8 process of law on the part of respondent No. 2. [Paras 7, 8 and 9) [576-B; 577-F-G; 578-C |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Petitioner | D.p. Gulati, Manager Accounts M/s. Jetking Infotrain Ltd. |
Respondent | State Of Uttar Pradesh And Anr. |
SCR | [2015] 3 S.C.R. 572 |
Judgement Date | 2015-03-31 |
Case Number | 1550 |
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