2008 Supreme(SC) 1336

2008(6) Supreme 451
Supreme Court of india
C.K. Thakker and D.K. Jain, JJ.
Fakhruddin Ahmad — Appellant
versus
State of Uttaranchal & Anr. — Respondents
Criminal Appeal No. 1408 of 2008
(Arising out of S.L.P.(Criminal) No. 3482 of 2006)
Decided on : 05-09-08

Important Points
1.Inherent powers possessed by High Court u/s 482 of CrPc. are to be exercised very carefully and with great caution so that a legitimate prosecution is not stifled.
2.Where the High Court is convinced that allegations made in the First Information Report or 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, powers of the High Court u\s 482 of CrPc can be exercised.

Headnote:Code of Criminal Procedure, 1973 – Section 482 – Complaint alleging dishonour of cheque by appellant against complainant – On notice under Section 138 of NI Act, 1881 complainant cooked up a story that he had issued blank cheques bearing his signatures to one ‘S’ as security for Rs.30,000/-borrowed by him and that ‘S’ misplaced said blank cheque, which was fraudulently used by the appellant by filling up amount of Rs.8,65,000/- Complaint lodged by Complainant against appellant alleging commission of offences under Sections 420, 467, 468 and 471 I.P.C. – Order passed by Magistrate, directing police to register case and investigate it – Petition thereagainst by appellant for for quashment of proceedings – Dismissed by High Court – Appeal – High Court in its order had itself observed that no material had been placed before it, which, in fact, led Judge to assume that prosecution had produced evidence in support of the complaint – In the absence of material stated to have been filed alongwith the chargesheet, High Court did not get an opportunity to apply its mind as to whether on the basis of the material before the Magistrate, a prima facie case had been made out against the accused-appellant – In order to arrive at a conclusion, whether or not the appellant had made out a case for quashing of the chargesheet against him, High Court ought to have taken into consideration material which was placed before Magistrate – For dismissal of petition, High Court had to record a finding that uncontroverted allegations, as made, established a prima facie case against appellant – Decision of High Court dismissing petition filed by appellant on ground that it was not permissible for it to look into materials placed before Magistrate was not in consonance with broad parameters to be applied while dealing with a petition under Section 482 of the Code for discharge- Impugned order of High Court being unsustainable set aside and matter remitted back to High Court for fresh consideration in accordance with law. (Paras 18 to 22)

       Facts of the Case :

       1.A Complaint alleging dishonour of cheque was filed by appellant herein in the instant case against complainant.On notice under Section 138 of NI Act, 1881 complainant cooked up a story that he had issued blank cheques bearing his signatures to one ‘S’ as security for Rs.30,000/-borrowed by him and that ‘S’ misplaced said blank cheque, which was fraudulently used by the appellant by filling up amount of Rs.8,65,000/- A Complaint was lodged by Complainant against appellant alleging commission of offences under Sections 420, 467, 468 and 471 I.P.C. Order was passed by Magistrate, directing police to register case and investigate it. Petition thereagainst u/s 482 of Cr.pc was filed by appellant for quashment of proceedings. Said petition was Dismissed by High Court.

       2.Present appeal has been filed by appellant against said order of High Court.

       Findings of the Court :

       In order to arrive at a conclusion, whether or not the appellant had made out a case for quashing of the chargesheet against him, High Court ought to have taken into consideration material which was placed before Magistrate. For dismissal of petition, High Court had to record a finding that uncontroverted allegations, as made, established a prima facie case against appellant.Decision of High Court dismissing petition filed by appellant on ground that it was not permissible for it to look into materials placed before Magistrate was not in consonance with broad parameters to be applied while dealing with a petition under Section 482 of the Code for discharge. Impugned order of High Court being unsustainable was set aside and matter was remitted back to High Court for fresh consideration in accordance with law.

       Result : Appeal disposed of.