2011 Supreme(SC) 65

2011 (1) Supreme 559
SUPREME COURT OF INDIA
D.K. Jain, Asok Kumar Ganguly, and H.L. Dattu, JJ.
TGN Kumar — Appellant
versus
State of Kerala & Ors. — Respondents
Criminal Appeal No. 1854 of 2008
Decided on : 14-1-2011

IMPORTANT POINT
Discretion of the Magistrate under Section 205 of Criminal Procedure Code, 1973 cannot be circumscribed by laying down any general directions in that behalf
2. Inherent powers of the High Court under Section 482 of the Code have to be exercised sparingly with circumspection, and in rare cases to correct patent illegalities or to prevent miscarriage of justice.
3. While it is true that the power of superintendence conferred on the High Court under Article 227 of the Constitution of India is both administrative and judicial, but such power is to be exercised sparingly and only in appropriate cases in order to keep the subordinate courts within the bounds of their authority. In any event, the power of superintendence cannot be exercised to influence the subordinate judiciary to pass any order or judgment in a particular manner.

Headnote:Criminal Procedure Code, 1973- Section 482 -Complaint alleging dishonor of cheque under Section 138 of the N.I. Act- On being summoned by Magistrate, accused preferred a petition before High Court under Section 482 of CrPc praying for dispensing with her personal appearance before Magistrate- High Court, while allowing said application, and permitting accused to appear before Trial Court through her counsel, issued a number of general directions to all criminal courts, which are called upon to hold trials, particularly in cases involving an offence under Section 138 of N.I. Act, as also in all other cases involving offences which are technical in nature and do not involve any moral turpitude-Direction was given that in all 138 prosecutions, the very fact that prosecution was one under Section 138 of NI Act shall be reckoned as sufficient reason by all criminal courts to invoke discretion under Section 205 Cr.P.C and only a summons under Section 205 Cr.P.C shall be issued by the criminal courts at the first instance-Appeal- Inherent powers of the High Court under Section 482 of the Code have to be exercised sparingly with circumspection, and in rare cases to correct patent illegalities or to prevent miscarriage of justice-While it is true that the power of superintendence conferred on the High Court under Article 227 of the Constitution of India is both administrative and judicial, but such power is to be exercised sparingly and only in appropriate cases in order to keep the subordinate courts within the bounds of their authority- In any event, the power of superintendence cannot be exercised to influence the subordinate judiciary to pass any order or judgment in a particular manner-Instantly High Court exceeded its jurisdiction under Section 482 of the Code and/or Article 227 of the Constitution by laying down general directions, which were inconsistent with the clear language of Sections 205 and 313 of the Code- Impugned order containing general directions to lower courts set aside-Appeal allowed. (Paras 17, 18)

       Facts of the Case :

        A Complaint alleging dishonor of cheque under Section 138 of the N.I. Act was filed herein in the instant case. On being summoned by Magistrate, accused preferred a petition before High Court under Section 482 of CrPc praying for dispensing with her personal appearance before Magistrate. High Court, while allowing said application, and permitting accused to appear before Trial Court through her counsel, issued a number of general directions to all criminal courts, which are called upon to hold trials, particularly in cases involving an offence under Section 138 of N.I. Act, as also in all other cases involving offences which are technical in nature and do not involve any moral turpitude. Direction was given that in all 138 prosecutions, the very fact that prosecution was one under Section 138 of NI Act shall be reckoned as sufficient reason by all criminal courts to invoke discretion under Section 205 Cr.P.C and only a summons under Section 205 Cr.P.C shall be issued by the criminal courts at the first instance.

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

       Findings of the Court :

        Instantly High Court exceeded its jurisdiction under Section 482 of the Code and/or Article 227 of the Constitution by laying down general directions, which were inconsistent with the clear language of Sections 205 and 313 of the Code. Impugned order containing general directions to lower courts was set aside. Appeal was allowed

       Result : Appeal allowed.